M/S Shriram Pistons & Rings Ltd vs Rachna Dewan
2016 Latest Caselaw 7368 Del

$~26
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      RFA 465/2015
       M/S SHRIRAM PISTONS & RINGS LTD             ..... Appellant
                     Through : Mr. Jayant K. Mehta, Advocate

                         versus

       RACHNA DEWAN                             ..... Respondent
                  Through :Mr. N.K. Choudhary, Advocate with
                  Capt. R.N. Dewan, Attorney of the respondent
                  in person.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 09.12.2016

1. Pursuant to the parties being referred to the Delhi High Court Mediation and Conciliation Centre, a Settlement Agreement dated 8.12.2016 has been placed on record.

2. The Court has perused the Settlement Agreement. The terms and conditions of the settlement are set out in para 6 thereof. The Settlement Agreement has been signed by the authorized representative of the appellant and the father of the respondent in whose favour a power of attorney has been executed by the respondent. Enclosed with the Settlement Agreement are the copies of the power of attorney, on behalf of the appellant company, executed in favour of the signatory to the Settlement Agreement and the power of attorney executed in favour of the father of the respondent. The Settlement Agreement has also been signed by counsel for the appellant and the learned Mediator.

3. As the counsels for the appellant and the respondent jointly state that they have arrived at the aforesaid settlement of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impediment in accepting the said settlement. The Settlement Agreement dated 08.12.2016 is taken on record. The parties shall remain bound by the terms and conditions of the said settlement.

4. Counsels for the parties state that vide order dated 20.7.2015, the appellant was directed to deposit the arrears of use and occupation charges. An amount of Rs.57,49,699/- was deposited by the appellant in the Registry and the same is lying in a FDR. Now that the parties have arrived at a settlement and it has been specifically agreed in para 6 (h) & (i) of the Settlement Agreement as to how the said amount shall be apportioned and released by the Registry, the parties are entitled to approach the Registry for release of the said amount through their respective counsels.

5. The appeal is disposed of in terms of the settlement arrived at between the parties, while leaving them to bear their own expenses.

6. File be consigned to the record room.

HIMA KOHLI, J DECEMBER 09, 2016 sk/ap