Rajen Bathija v. Sanjay Bathija & ANR.
$~O-18 & 19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 157/2020, I.A. 5098/2020 & I.A 9521/2025 RAJEN BATHIJA .....Plaintiff Through:
Mr. Atul Sahi and Mr. Suryans Agarwal, Advs.
versus SANJAY BATHIJA & ANR.
.....Defendants Through:
Mr. Agnish Aditya and Mr. Rahul Jangra, Advs. for D-1.
Mr. Amit. S. Amist and Ms. Mithila Sharma, Advs. for D-2.
O-19 + CS(OS) 253/2020, I.A. 7939/2020 & I.A. 38407/2024 VIJAY BATHIJA THROUGH SMT BHAGWANTI ARJUN CHANDNANI .....Plaintiff Through:
Mr. Amit. S. Amist and Ms. Mithila Sharma, Advs.
versus SANJAY BATHIJA & ANR.
.....Defendants Through:
Mr. Agnish Aditya and Mr. Rahul Jangra, Advs. for D-1.
Mr. Atul Sahi and Mr. Suryans Agarwal, Advs. for D-2.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R
% 15.04.2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
1.
Since the lis in CS(OS) 157/2020 and CS(OS) 253/2020 is overlapping, both suits are consolidated.
2.
Learned counsel appearing for the parties submit that the parties are appearing through video conferencing and their identity has been verified by them.
3.
The parties have arrived at an amicable settlement, which was reduced in writing on 01.04.2025.
4.
The settlement agreement has been placed on record. 5.
Learned counsel appearing for the parties contends that the suit be decreed in terms thereof.
6.
Order XXIII, Rule 3 authorises 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. 7.
The settlement has been agreed upon without fear or coercion and the parties appear to have entered into the settlement agreement on their own volition.
8.
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.
9.
Mr. Atul Sahi, learned counsel, submits that the details of Rajen Bathija have been inadvertently recorded incorrectly in the settlement agreement. He places on record a copy of the passport and OCI, and submits The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
that the details of Rajen Bathija be read as per those documents. 10.
The aforesaid submissions are not opposed. Accordingly, the settlement agreement shall be read in conjunction with the documents furnished today i.e passport and OCI. Ordered accordingly. 11.
Suits stand disposed of.
PURUSHAINDRA KUMAR KAURAV, J APRIL 15, 2025/P/SPH 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.