USHA vs SUNIL KUMAR & ORS

Pursuant to the order dated 19.1.2017, the parties had appeared before the Delhi High Court Mediation and Conciliation Centre and they have been able to arrive at a settlement. The terms and conditions of the settlement have been set out in para 11 of the Settlement Agreement dated 4.2.2017 forwarded by the Mediation Centre and placed on record.

Counsels for the parties state that in accordance with the terms and conditions of the settlement, the respondents No.1 and 2 have agreed to pay a sum of Rs.4.50 lacs to the appellant in full and final settlement of all her claims, subject matter of the present appeal.

Counsel for the appellant confirms that pay orders for a sum of Rs.4.50 lacs were handed over to his client before the learned Mediator and have been duly encashed. He states that nothing further is due or payable by the respondents No.1 and 2 to the appellant in the present proceedings. The appellant has undertaken to execute all necessary documents as and when required by the respondents No.1 and 2 with regard to transfer of the title of the suit premises in their favour. She has also undertaken to withdraw the application and objections in the suit proceedings and the execution petition respectfully, mentioned in para 11(d) of the Settlement Agreement.

Counsel for the respondents No.1 and 2 clarifies that the respondent No.1 and 2 have already arrived at a settlement with respondents No.3 to 9 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi and the dispute in the present case was between the appellant and the respondents No.1 and 2.

Counsels for the parties jointly state that in view of the settlement arrived at between the parties, the appellant does not wish to pursue the present appeal any further.

The Court has perused the present application as also the Settlement Agreement. The Settlement Agreement has been signed by the appellant and the respondents No.1 and 2 and by their respective counsels as also by the learned Mediator.

As the counsels for the appellant and the respondents No.1 and 2 jointly state that they have arrived at the aforesaid settlement of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impediment in accepting the settlement. The Settlement Agreement is taken on record and the parties shall remain bound by the terms and conditions of the said settlement.

The appeal is disposed of, along with the pending application, while leaving the parties to bear their own expenses.

At this stage, learned counsel for the appellant states that in view of the fact that the parties have arrived at a settlement through the court annexed mediation and that the appeal is still at the stage of admission, the appellant is entitled to claim refund of the Court fees.

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 50% of the court fees in terms of Section 16-A of the Court Fees Act.

File be consigned to the record room.