Jyoti Chadha vs Karan Chadha
2017 Latest Caselaw 5450 Del

$~18
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      MAT.APP.(F.C.) 13/2014
       JYOTI CHADHA                                        ..... Appellant
                         Through: Mrs Poonam Mendiratta and
                         Ms Malvika Chaudhary, Adv. along with petitioner
                         in person.

                         versus

       KARAN CHADHA                                ..... Respondent
                    Through: Mr Pradeep Narual and Ms Prerna
                    Mehta, Advs. along with respondent in person.
       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
       HON'BLE MS. JUSTICE DEEPA SHARMA
                    ORDER

% 26.09.2017

CM No. 35725/2017 (joint application by the parties in terms of the settlement arrived at dated 20.9.2017)

1. On 20.09.2017, the parties had agreed to settle their inter se

disputes by arriving at a One-Time Settlement. The terms and

conditions of the settlement arrived at between the parties were

recorded in para 3-7 of the order dated 20.09.2017. In

acknowledgement, both the parties had affixed their signatures on the

ordersheet along with their respective counsels. One of the terms and

conditions of the settlement was that the parties will file their

respective affidavits accepting the conditions recorded in the order

dated 20.09.2017 and acknowledging inter alia that the same is

towards full and final settlement of all the claims and disputes pending

between them.

2. Pursuant to the aforesaid order, the present joint application has

been filed by the parties. The terms and conditions of the settlement has

been recorded in para 2 of the application. Both the parties state that

they shall abide by the said terms and conditions of the settlement and

there shall be in no default.

3. Learned counsel for the parties jointly state that it has been

recorded (in para 2(d) of the present application) that the parties shall

jointly operate locker No.15, Allahabad Bank, Janak Puri, New Delhi

within 10 working days from today and the appellant shall be entitled

to remove and keep with her the entire jewellery/contents of the said

locker which is worth Rs.70 lakhs (approx). The respondent has

undertaken that neither he nor any member of his family shall lay any

claim or title on the said jewellery/contents of the locker. Learned

counsel for the parties state that it may be clarified that once the locker

is jointly operated by the parties and the contents thereof are removed

and handed over to the appellant, they shall simultaneously surrender

the said locker on the respondent paying the outstanding locker rent

and the keys shall be handed over to the Bank Manager on the same

date. Ordered accordingly. The security deposit for the said locker, if

any, shall be released by the Bank in favour of the respondent, after

completion of necessary formalities.

4. Further, though it has not been recorded in the application,

learned counsel for the appellant requests that the respondent be

directed to furnish the relevant details of the Life Insurance Policy

taken out in favour of the appellant, to enable her to make up the

defaults in the premium for its revival. Learned counsel for the

respondent states that the relevant information shall be furnished to the

other side within two weeks from today.

5. We have perused the present application. The same is in terms of

the settlement recorded on 20.09.2017 with some additional clauses

with regard to default in payment of instalment. Both the parties, who

are present in Court, confirm having arrived at the aforesaid settlement

of their own free will and volition and without any undue influence or

coercion and request that the appeal may be disposed of in terms

thereof.

6. The present application has been signed by the appellant and the

respondent as also their respective counsels and duly supported by their

affidavits. In view of the fact that a settlement has been arrived at

between the parties of their own free will and volition and without any

undue influence or coercion, there appears in impediment in accepting

the same. The application is accepted. The parties shall remain

bound by the terms and conditions of the settlement recorded therein

and above.

7. The application is allowed and disposed of.

MAT.APP.(F.C.) 13/2014

In view of the order passed above, the present appeal is disposed

of while leaving the parties to bear their own costs.

HIMA KOHLI, J

DEEPA SHARMA, J SEPTEMBER 26, 2017 bg