M/S Corporate Warranties India ... vs M/S Saluja Construction Company ...
2022 Latest Caselaw 932 Del

                                      $~10

                                      *IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      %                                     Judgment delivered on: 01.04.2022

                                      +      CS(OS) 269/2020 & I.A. 5820/2021, 11060/2021 & 12913/2021

                                      M/S CORPORATE WARRANTIES INDIA PVT LTD..... Plaintiff

                                                                   versus

                                      M/S SALUJA CONSTRUCTION COMPANY LIMITED & ORS.
                                                                                ..... Defendants
                                      Advocates who appeared in this case:
                                      For the Petitioner: Mr. Harkirat Sawhney, Ms. Rati Coshic and Ms. Aashna
                                                          Aggarwal, Advocates.

                                      For the Respondent:   Mr. Harsh Sethi and Mr. Anant Nigam, Advocates.

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                                                            JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Plaintiff has filed subject suit for recovery of Rs.4,90,00,000/- along with interest at the rate of 15% per annum.

2. During the pendency of the suit, parties were referred to mediation and settlement agreement dated 23.02.2022 has been entered into between the parties pursuant to the mediation proceedings.

3. Settlement agreement dated 23.02.2022 has been placed on record. I have perused the same and find the same to be lawful.

4. In terms of the settlement agreement defendants have agreed to pay a sum of Rs.5,40,00,000/- in installments. The period and amounts of the

Signature Not Verified CS(OS) 269/2020 Digitally Signed 1 By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:01.04.2022 Signing Date:02.04.2022 10:26:18 20:23 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

installments are referred to in the settlement agreement. Post dated cheques towards the installment amount have already been handed over. It is prayed that a decree be passed in terms of the settlement agreement.

5. Learned counsel appearing for the parties confirm the signatures of their respective clients and confirm the settlement agreement. The settlement agreement is marked exhibit C-1.

6. Learned counsel for the defendants undertake on behalf of the defendants that defendants shall duly abide by the terms of the settlement and undertake to pay the amount as agreed upon. The undertakings are accepted.

7. In view of the above, the suit is decreed in favour of the plaintiff and against the defendants in the sum of Rs.5,40,00,000/- in terms of the settlement agreement dated 23.02.2022 (exhibit C-1) which shall form part of the decree.

8. Decree sheet be prepared accordingly.

9. Since the settlement has been arrived at through the process of mediation, the Court fees paid on the plaint be returned to the plaintiff in accordance with law.

SANJEEV SACHDEVA, J.

                                      APRIL 1, 2022
                                      rk




Signature Not Verified
                                      CS(OS) 269/2020                                                 Digitally Signed 2
                                                                                                      By:JUSTICE SANJEEV
Digitally Signed By:KUNAL                                                                             SACHDEVA
MAGGU                                                                                                 Signing Date:01.04.2022
Signing Date:02.04.2022 10:26:18                                                                      20:23
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.