Delhi High Court
Suresh Kumar Gupta & Anr vs Shrilata Agarwal(Now Deceased Through ... on 1 April, 2024
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) 129/2017 & CM APPL. 15341/2017
SURESH KUMAR GUPTA & ANR ..... Appellants
Through: Mr. Sanjeev Saraswat, Advocate with
appellant no.1 (through VC)
versus
SHRILATA AGARWAL(NOW DECEASED THROUGH HER
LR'S) & ORS. ..... Respondents
Through: Mr. Sanjiv Bahl, Mr. Eklavya Bahl
and Ms. Apoorva Bahl and Mr. Pawas
Agarwal, Advocates for R-1(a) to (c)
R-1(a) present in person, R-1(b) and
R-1(c) present through VC, R-2
present through VC and R-3 present
in person
% Date of Decision: 01st April, 2024
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMOHAN, ACJ : (ORAL)
I.A. No. (Application under Order XXIII Rule 3 CPC) and
FAO (OS) 129/2017
1. Present appeal has been filed challenging the order dated 06th March,
2017 passed by the learned Single Judge in I.A. No. 21558/2015 in CS (OS)
2340/2012 whereby the application for amendment of plaint filed by the
Respondent-plaintiff was allowed.
2. The present appeal was referred to the Delhi High Court Mediation
and Conciliation Centre. Mediation in the present case has been successful
through the efforts of Ms. Veena Ralli, Mediator.
3. A Settlement Agreement has been executed between the parties on
28th March, 2024.
4. It is pertinent to mention that the Supreme Court in Afcons
Infrastructure Ltd. Vs. Cherian Varkey Construction Co. (P) Ltd., (2010)
8 SCC 24 while dealing with Section 89 of the CPC observed that the
settlement agreement will have to be placed before the Court for recording it
and in disposing of the suit in its terms, the Court should apply the principle
of Order XXIII Rule 3 CPC and make a decree in terms of the settlement in
regard to the subject matter of the suit, to make such settlement effective.
5. This morning, the parties have also filed an application under Order
XXIII Rule 3 CPC. The Registry is directed to number the same.
6. This Court is satisfied that the compromise between the parties
contained in the aforesaid Settlement Agreement satisfies the requirements
of Order XXIII Rule 3 CPC. The compromise contained in the aforesaid
Settlement Agreement is lawful and therefore, this Court does not find any
impediment in decreeing the underlying suit in terms of the aforesaid
Settlement Agreement.
7. Learned counsel for the Appellant has handed over the manager's
cheques in favour of Respondent No. 1(a), 1(b) and 1(c). Learned counsel
for the Respondents states that there is a typographical error in the name of
the payee in the cheque issued in favour of Respondent No.1(a). Learned
counsel for the Appellant assures and undertakes to this Court that the said
banker's cheque shall be replaced by tomorrow. Learned counsel for the
Respondents states that Respondents have no objection in the registry
returning the original of the documents filed before the learned Single Judge
to the learned counsel for the Appellants. The said statements/undertakings
given by the learned counsel for the parties are accepted by this Court and
the parties are held bound by the same. The interim orders, if any, stands
vacated.
8. Consequently, the application under Order XXIII CPC is allowed, the
present appeal and the pending application are disposed of and the
underlying suit is decreed in terms of the aforesaid Settlement Agreement
dated 28th March, 2024 executed between the parties, which is marked as
Ex.C-1. The Registry of this Court is directed to prepare a decree sheet in
terms thereof.
ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J
APRIL 1, 2024/msh
