Delhi High Court
Ashwani Kumar vs Mr. Aditya Mannohar Bhide And Ors on 31 May, 2022
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: MAY 31, 2022
+ RFA(OS) 1/2022 & CM APPLs. 747/2022 & 778/2022
ASHWANI KUMAR ..... Appellant
Through: Mr. Sambit Nanda, Advocate.
versus
MR. ADITYA MANNOHAR BHIDE AND ORS ..... Respondents
Through: Ms. Ekta Sharma and Mr. A. Tyagi,
Advocates for R-1.
Mr. Vishnu Anand and Mr. Kustubh
Singh, Advocates for R-2 to 4.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SAURABH BANERJEE
J U D G M E N T (oral)
CM APPL. 20758/2022
1. By way of the present application, appellant prays as under:
"a. Permit the appellant to deposit demand draft bearing
no.235487 dated 22.04.2022 for Rs.76,20,00,000/- drawn
on State Bank of India with The Registrar General of this
Court;
b. Pass a decree in terms of the Settlement Agreement
dated 20.04.2022 executed between the parties;
c. Allow the appellant to obtain refund of the court fee of
Rs.1,36,80,000/-."
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:01.06.2022
20:20:21
2. Vide order dated 09.02.2022, the matter was referred to Delhi High
Court Mediation and Conciliation Centre for parties to explore possibility of
settlement through mediation.
3. Learned counsel for the parties inform that subject matter of the
dispute existing between the parties has been amicably resolved in terms of
Settlement Agreement dated 20.04.2022 passed by Delhi High Court
Mediation and Conciliation Centre, wherein terms of settlement have been
incorporated and parties shall abide by the terms thereof.
4. A report from Mediation and Conciliation Centre of this Court has
been placed on record wherein it is recorded that parties have amicably
resolved their disputes in terms of Settlement Agreement dated 20.04.2022.
5. Needless to say, parties shall be bound by the terms of aforesaid
Settlement Agreement.
6. Learned counsel appearing on behalf of appellant submits that in the
light of the fact that parties have amicably settled the dispute, the present
applications be allowed and the entire court fees be refunded.
7. 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 full court fees.
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:01.06.2022
20:20:21
8. In the circumstances, the present application is allowed and disposed
of accordingly.
RFA(OS) 1/2022
9. In view of orders passed in CM APPL. 20758/2022, the present
appeal is disposed of as compromised between the parties, in terms of the
compromise/settlement agreement arrived at between them, as mentioned
hereinbefore.
10. The Registry is directed to prepare a decree sheet, in terms of the
compromise arrived at between the parties forthwith.
11. A copy of this judgment be provided to learned counsel appearing on
behalf of the parties and be also uploaded on the website of this Court.
(SURESH KUMAR KAIT)
JUDGE
(SAURABH BANERJEE)
JUDGE
MAY 31, 2022/So
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:01.06.2022
20:20:21
