Gutam Biswas v. Samir Biswas & ORS.
$~O-51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 242/2024 GUTAM BISWAS .....Plaintiff Through:
Ms. Geetanjali Mohan, Adv.
versus SAMIR BISWAS & ORS.
.....Defendants Through:
Mr. Kamlesh Ohja, Adv. for D-1 and 7 (ii) Ms. Kirti Mewar and Mr. Ajay Lulla, Advs. for D-10 and 11
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R
% 07.04.2025 I.A. 8921/2025 (under Section 151 CPC, 1908 for passing a judgment and decree in terms of settlement dated 01.04.2025) 1.
It is submitted by the parties that the matter stood settled before the Delhi High Court Mediation and Conciliation Centre, and the terms of settlement have been recorded vide settlement dated 01.04.2025. 2.
Order XXIII, Rule 3 authorizes the Court to pass a decree on a compromise wherein the parties to the dispute have made an arrangement to settle the dispute. It has been comprehensively stated in the provision that the settlement arrived at should meet the essentials laid down therein, namely, (i) the compromise is lawful (ii) it is reduced in writing (iii) it is duly signed by the parties arriving at the compromise. 3.
The settlement has been agreed upon without fear or coercion and the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 15:50:13
parties appear to have entered into the settlement agreement on their own volition.
4.
The Court is satisfied that the settlement has been arrived at between the parties following due procedure and meeting the essentials specified Order XXIII, Rule 3. Therefore, the parties shall be bound by the aforesaid settlement agreement.
5.
In view of the aforesaid, the civil suit stands decreed in terms of the settlement agreement.
6.
The Registry is directed to draw-up a decree sheet. 7.
The civil suit, along with the pending applications, stands disposed of. 8.
The date already fixed, stands cancelled.
PURUSHAINDRA KUMAR KAURAV, J APRIL 7, 2025/DPA/SP Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 15:50:13