Sunil Kumar Sharma & Anr vs Navneet Gupta
2017 Latest Caselaw 1700 Del

      $~4
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     RFA 505/2016 & CM 26824/2016
      SUNIL KUMAR SHARMA & ANR                  ..... Appellants
                   Through : Ms. Aastha Dhawan, proxy counsel

                           versus

      NAVNEET GUPTA                              ..... Respondent
                  Through : Mr. Puneet S. Dhir, proxy counsel with
                  respondent in person.

    CORAM:
    HON'BLE MS. JUSTICE HIMA KOHLI
                      ORDER

% 31.03.2017 CM 11582/2017 (by the appellants u/O XXIII r/w Sec.151 CPC)

1. The present application has been filed by the appellants stating inter alia that the parties have arrived at a settlement before the Delhi High Court Mediation & Conciliation Centre on 10.3.2017, whereunder they have agreed to pay a sum of Rs.5.00 lacs to the respondent after the FDR prepared in the name of the Registrar General and deposited in the Registry, is released in their favour.

2. The respondent, who appears in person, confirms the fact that he has arrived at a settlement with the appellants before the Delhi High Court Mediation & Conciliation Centre, and he has given a no objection to the appellants approaching the Registry for release of the FDR of Rs.5.00 lacs along with interest, if any, accrued thereon and upon encashment thereof, paying a sum of Rs.5.00 lacs to him.

3. The Settlement Agreement dated 9.3.2017, duly signed by the parties

and their respective counsels as also by the learned Mediator, is taken on record. The parties shall remain bound by the terms and conditions of the Settlement Agreement.

4. The appellants shall be at liberty to approach the Registry for release of the FDR along with interest, if any, accrued thereon. Within one week from the date of encashment of the FDR, the appellants shall pay a sum of Rs.5.00 lacs to the respondent by way of a demand draft.

5. The appeal is disposed of, along with the pending application, in view of the settlement arrived at between the parties.

6. At this stage, learned proxy counsel for the appellants 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 50% of the court fees in terms of Section 16-A of the Court Fees Act.

7. In view of the aforesaid submission made by the counsel for the appellants, the Registry is directed to issue a certificate in favour of the appellants for refund of 50% of the court fees in terms of Section 16-A of the Court Fees Act.

6. The date fixed in the matter, i.e., 13.7.2017 stands cancelled.

7. File be consigned to the record room.

HIMA KOHLI, J MARCH 31, 2017 sk