Gayatri Baalian v. Promita Chhabra & ORS.
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 171/2024 & CM No.49733/2024 GAYATRI BAALIAN .....Appellant Through:
Ms Fagun Sharma, Adv.
versus PROMITA CHHABRA & ORS.
.....Respondents Through:
Ms Manpreet Kaur and Ms Jaya Goyal, Advs. for R-1.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL
O R D E R
% 18.09.2024 [Physical Hearing/Hybrid Hearing (as per request)] 1.
Learned counsel for the parties submit that inter se disputes of the parties have been settled. In this connection, our attention has been drawn to the settlement agreement dated 17.09.2024 [in short, "SA"] drawn up between the appellant and respondent no.1, i.e., the contesting respondent under the aegis of Delhi High Court Mediation and Conciliation Centre [in short, "Centre"].
2.
We are told by learned counsel for the appellant that the remaining respondents are proforma parties.
3.
As per the terms of the settlement, the appellant is required to pay Rs.16,00,000/- to respondent no.1 in full and final settlement of all claims, as adverted to in Clause 1 of the SA.
FAO (COMM) 171/2024 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 02/07/2025 at 23:52:24
4.
The appellant is required to pay the amount to respondent no.1 on or before 30.09.2024. Upon the payment of the said sum, the appellant will be obliged to withdraw the appeal. Consequent upon withdrawal of the appeal, respondent no.1 will withdraw the suit pending in the district court, i.e., CS (COMM) no. 356/2024.
5.
We have examined the terms of the SA.
5.1 In our view, the terms of the settlement, as reflected in SA, are lawful. 6.
The appeal shall stand dismissed as withdrawn with a caveat that the appellant will pay Rs. 16,00,000/- to respondent no. 1 on or before 30.09.2024.
7.
Upon receipt of the said amount, respondent no.1 shall withdraw CS (COMM) no. 356/2024.
8.
It is made clear that if parties do not act in terms of the SA, they would have liberty to revive the appeal.
9.
RAJIV SHAKDHER, J AMIT BANSAL, J SEPTEMBER 18, 2024/aj Click here to check corrigendum, if any FAO (COMM) 171/2024 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 02/07/2025 at 23:52:24