Bhole Nath Overseas Pvt. Ltd. v. Jugal Kishore Arora

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 270/2019 & I.A. 7470/2019 BHOLE NATH OVERSEAS PVT. LTD.

..... Plaintiff Through:

Mr. V. K. Rana, Advocate versus JUGAL KISHORE ARORA ..... Defendant Through:

Mr. Abhishek Gupta, Advocate

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 04.02.2020 1.

Parties were referred to mediation by the order of this Court dated 23.07.2019.

2.

Mediation has resulted in a settlement, and a copy of the settlement agreement dated 05.12.2019 has been placed on record. The settlement is signed by both the parties to the suit, by their counsel, and by the learned mediator.

3.

The terms of settlement are contained in paragraphs 1 and 2 of the settlement agreement. Learned counsel for the parties state that the order of the Financial Commissioner referred to in paragraph 2 (d) of the settlement agreement, is dated 13.07.2018, and not 31.07.2018 as stated therein. The agreement will be read accordingly. 4.

Learned counsel for the parties request that a decree be passed in terms of the said agreement.

5.

Having regard to the submissions of learned counsel and materials placed on record, I do not find any impediment to passing of a decree as sought.

CS(OS) 270/2019

6.

Resultantly, the suit is decreed in terms of the settlement agreement dated 05.12.2019. Decree sheet be prepared accordingly. A copy of the settlement agreement will be annexed to the decree. 7.

In view of the fact that the parties have entered into a mediated settlement, the plaintiff is entitled to refund of court fees under Section 16 of the Court Fees Act, 1870. The Registry is directed to issue a certificate to this effect.

8.

The suit and pending applications are disposed of. PRATEEK JALAN, J FEBRUARY 04, 2020 'j'/s CS(OS) 270/2019