S K Gupta And Anr vs Pooja Gupta And Anr
2017 Latest Caselaw 2793 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      MAT.APP.(F.C.) 9/2017
       S K GUPTA & ANR                                ..... Appellants
                Through:          Mr. Manish Mohan with Ms. Sanjana
                                  Mohanty & Ms. Manisha Saroha,
                                  Advocates.

                         versus

       POOJA GUPTA & ANR                         ..... Respondents
                Through: Mr. Arvind Kumar Gupta & Mr. Anshul
                         Garg with respondent No.1 in person.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
       HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
                    ORDER

%                   30.05.2017
CM No.21755/2017

1. The present joint application has been filed by the parties stating inter-alia that during the pendency of the appeal, with the intervention of well-wishers and the respective counsels for the parties, they have been able to resolve all their disputes and differences and have arrived at a comprehensive settlement in terms of the Settlement Agreement dated 29.05.2017 (Annexure A-1).

2. Learned counsels for the parties states in unison that the Settlement Agreement dated 29.05.2017 may be taken on record and the parties be bound down by the terms and conditions recorded therein.

3. We have perused the present application. The same has been signed by the appellant Nos.1 & 2 (parents of the respondent No.2) and the respondent Nos.1 (wife) and the respondent No.2 (husband) and their respective counsels and is supported by their affidavits. Enclosed with the application is the Settlement Agreement dated 29.05.2017, duly signed by all the parties and their respective counsels. The terms and conditions of the settlement have been set out in paras (a) to (w) of the Settlement Agreement.

4. We have enquired from the parties who are present in court, if they have arrived at the above settlement on their own free will and volition and without any undue influence from any quarters. They confirm that the aforesaid settlement has been arrived at by them voluntarily and they undertake that they shall abide by the same in letter and in spirit.

5. Learned counsel for the appellant hands over cheque No.040336 dated 30.05.2017 for a sum of Rs.2,00,000/- drawn on Bank of Baroda, Dehradoon Branch, U.K.-248001, in favour of the respondent No.1 which is duly accepted. Learned counsel for the appellant undertakes that the balance amount of Rs.7,00,000/- shall be paid to the respondent in terms of the settlement.

6. Accordingly, the Settlement Agreement dated 29.05.2017 is taken on record. The parties shall remain bound by the terms and conditions thereof.

7. As a token of accepting the terms and conditions of the settlement recorded in the Settlement Agreement dated 29.05.2017, all the parties shall affix their signatures on this ordersheet, along with their counsels.

8. The appeal is disposed of along with the pending application.

9. We place on record our appreciation for the sincere efforts made by learned counsel for the parties to facilitate a settlement between the parties.

HIMA KOHLI, J

SANGITA DHINGRA SEHGAL, J MAY 30, 2017 afa