Delhi High Court
Samiah International Builders ... vs Sanjeev Nirvani on 19 December, 2016
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA 468/2016 & CMs 25815-17/2016
SAMIAH INTERNATIONAL BUILDERS PVT LTD..... Appellant
Through : Mr. Akshit Gadhok and
Mr. Harish Sharma, Advocates
versus
SANJEEV NIRVANI ..... Respondent
Through : Respondent in person.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 19.12.2016
1. Pursuant to the parties being referred to the Delhi High Court
Mediation and Conciliation Centre, a Settlement Agreement dated 7.12.2016
has been placed on record.
2. Counsel for the appellant and the respondent, who appears in person,
state that the terms and conditions of the settlement have been set out in para
6 of the Settlement Agreement, whereunder it has been agreed that the
appellant shall pay a sum of Rs.4.40 lacs to the respondent in full and final
settlement of all his claims, subject matter of the present appeal. The said
amount has been agreed to be paid by the appellant to the respondent in four
equal instalments of Rs.1.10 lacs each, commencing from 15.1.2017 and
ending on 15.4.2017.
3. Pursuant thereto, four post dated cheques bearing Nos.(i) 501147
dated 15.1.2017, (ii) 501148 dated 15.2.2017, (iii) 501149 dated 15.3.2017
and (iv) 501150 dated 15.4.2017, all drawn on Vijay Bank, Indirapuram,
Ghaziabad, UP in the sum of Rs.1.10 lacs each in favour of the respondent,
have been brought by counsel for the appellant, and are duly accepted by the
respondent.
4. Counsel for the appellant assures the Court that the aforesaid cheques,
when presented, shall be duly honoured. The consequence of any default
has been stated in the Settlement Agreement.
5. The Court has perused the Settlement Agreement. The same has been
signed by the authorized representative of the appellant and the respondent.
Enclosed with the Settlement Agreement is a copy of the extracts of the
minutes of the meeting of the Board of Directors authorizing its
representative to arrive at a settlement with the other side. The Settlement
Agreement has also been signed by the counsel for the appellant and the
learned Mediator.
6. As the counsel 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 settlement. The
Settlement Agreement dated 7.12.2016 is taken on record and the parties
shall remain bound by the terms and conditions of the said settlement.
7. The appeal is disposed of, along with the pending applications, while
leaving the parties to bear their own expenses.
8. At this stage, learned counsel for the appellant states that in view of
the fact that the parties have arrived at a settlement through the court
annexed mediation, the appellant is entitled to claim refund of the court fees
in terms of Section 16 of the Court Fees Act.
9. In view of the aforesaid submission made by the counsel for the
appellant, the Registry is directed to issue a certificate in favour of the
appellant for refund of the court fees in terms of Section 16 of the Court
Fees Act.
10. File be consigned to the record room.
HIMA KOHLI, J
DECEMBER 19, 2016
sk/ap
