Shivmeet Malhotra And ANR v. Smt Sushma Malhotra And ORS

$~O-32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 552/2024, I.A. 33568/2024 and I.A. 8426/2025 SHIVMEET MALHOTRA AND ANR .....Plaintiffs Through:

Mr. Rajiv Bakshi, Ms. Kajal Sharma, Mr.Jitender Wadhwa and Mr.Rampravesh Rai, Advocates.

versus SMT SUSHMA MALHOTRA AND ORS .....Defendants Through:

Dr.

Amit George,, Ms.Ibansara, Mr.Adhishwar, Mr.Dushyant, Ms.Rupam and Ms.medhavi Bhatia, Advocates.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 01.04.2025 I.A. 8426/2025 (under Order XXIII Rule 3 r/w Section 151 of CPC) 1.

The instant application is a joint application filed on behalf of the parties seeking a decree in terms of the Settlement Agreement dated 11.02.2025 executed between the parties.

2.

Learned counsel appearing on behalf of the parties jointly contend that they have amicably settled their disputes before the Delhi High Court Mediation & Conciliation Centre. They also submit that as an acknowledgment of the settlement, two documents have been executed i.e. Memorandum of Understanding and Settlement Agreement, both are dated 11.02.2025.

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3.

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. 4.

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.

5.

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 and the MoU.

6.

In view of the aforesaid, the civil suit stands decreed in terms thereto. 7.

The Registry is directed to draw-up a decree sheet. 8.

The civil suit along with the pending applications stands disposed of PURUSHAINDRA KUMAR KAURAV, J APRIL 1, 2025 Nc/@m 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 04/04/2025 at 13:57:28