Shri Satinder Kumar Gupta v. Smt. Himani Garg

$~10 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 388/2021 & I.A. 13937/2022 SHRI SATINDER KUMAR GUPTA ..... Plaintiff Through:

Mr. Deepank Yadav, Advocate.

versus SMT. HIMANI GARG ..... Defendant Through:

Mr. Vikram Singh, Advocate via video-conferencing.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 18.03.2024 The parties have settled their inter-se disputes amicably through mediation.

Settlement Agreement dated 15.03.2024, has been received from the Delhi High Court Mediation & Conciliation Centre. 2.

Mr. Deepank Yadav, learned counsel appearing for the plaintiff and Mr. Vikram Singh, learned counsel appearing for the defendant submit, that the matter be decreed in terms of the said settlement agreement.

3.

Mr. Yadav submits that the parties have settled the amount owed by the defendant to the plaintiff for a sum of Rs. 2.15 crores, of which Rs.15 lacs stands paid, and the remaining Rs. 02 crores is to be paid in installments, as per scheduled set-out in clause 4 of the settlement agreement, the last installment being payable in July 2025. 4.

Having perused the terms of the settlement, it is seen that the parties have settled their disputes in a lawful manner. Accordingly, the court sees no reason why the terms of the settlement should not be accepted.

CS(OS) 388/2021 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 02/04/2024 at 12:15:56

5.

In view of the above, the suit is decreed in the terms comprised in Settlement Agreement dated 15.03.2024. The parties shall remain bound by terms of the settlement. In particular, the defendant shall ensure that the balance due is paid strictly and scrupulously in accordance with the installments set-out in clause 4 of the settlement agreement.

6.

Let decree sheet be drawn-up accordingly. The terms of the settlement shall be deemed to form part of the decree.

7.

At this stage, Mr. Yadav seeks refund of the full court-fee affixed on the plaint. It is noticed that the suit was filed in August, 2021; the suit is at the preliminary stage; issues have not been framed; evidence has not been led; and, the parties have settled their inter-se disputes amicably through mediation. It is accordingly directed that the entire amount of the court fee paid on the plaint shall be refunded to the plaintiff.

8.

The Registry is directed to draw-up the requisite certificate for refund of the entire court fee, within 05 weeks from today. 9.

The suit stands disposed-of in the above terms. 10.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J MARCH 18, 2024 ds CS(OS) 388/2021 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 02/04/2024 at 12:15:56