Delhi High Court
Usha vs Sunil Kumar & Ors on 15 February, 2017
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA 390/2016
USHA ..... Appellant
Through : Mr. Vipin Kumar, Advocate
versus
SUNIL KUMAR & ORS ..... Respondents
Through : Ms. Sipia, proxy counsel for R-1 and 2.
Mr. Nawal Kishore Jha, Advocate
for DDA.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 15.02.2017
CM 6101/2017 (by the appellant u/O XXIII R-1 CPC)
1. Pursuant to the order dated 19.1.2017, the parties had appeared before
the Delhi High Court Mediation and Conciliation Centre and they have been
able to arrive at a settlement. The terms and conditions of the settlement
have been set out in para 11 of the Settlement Agreement dated 4.2.2017
forwarded by the Mediation Centre and placed on record.
2. Counsels for the parties state that in accordance with the terms and
conditions of the settlement, the respondents No.1 and 2 have agreed to pay
a sum of Rs.4.50 lacs to the appellant in full and final settlement of all her
claims, subject matter of the present appeal.
3. Counsel for the appellant confirms that pay orders for a sum of
Rs.4.50 lacs were handed over to his client before the learned Mediator and
have been duly encashed. He states that nothing further is due or payable by
the respondents No.1 and 2 to the appellant in the present proceedings. The
appellant has undertaken to execute all necessary documents as and when
required by the respondents No.1 and 2 with regard to transfer of the title of
the suit premises in their favour. She has also undertaken to withdraw the
application and objections in the suit proceedings and the execution petition
respectfully, mentioned in para 11(d) of the Settlement Agreement.
4. Counsel for the respondents No.1 and 2 clarifies that the respondent
No.1 and 2 have already arrived at a settlement with respondents No.3 to 9
before the Delhi Mediation Centre, Tis Hazari Courts, Delhi and the dispute
in the present case was between the appellant and the respondents No.1
and 2.
5. Counsels for the parties jointly state that in view of the settlement
arrived at between the parties, the appellant does not wish to pursue the
present appeal any further.
6. The Court has perused the present application as also the Settlement
Agreement. The Settlement Agreement has been signed by the appellant
and the respondents No.1 and 2 and by their respective counsels as also by
the learned Mediator.
7. As the counsels for the appellant and the respondents No.1 and 2
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 is taken on record and the parties shall remain bound
by the terms and conditions of the said settlement.
8. The appeal is disposed of, along with the pending application, while
leaving the parties to bear their own expenses.
9. 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 and that the appeal is still at the stage of admission, the
appellant is entitled to claim refund of the Court fees.
10. 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 50% of the court fees in terms of Section 16-A of the
Court Fees Act.
11. File be consigned to the record room.
HIMA KOHLI, J
FEBRUARY 15, 2017
sk
