Sanjeev Joon v. Anju Bansal

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1915/2014 & IA No.11835/2014 SANJEEV JOON ..... Plaintiff Through : Mr. Naresh K.Daksh, Advocate versus ANJU BANSAL ..... Defendant Through : Mr. Puneet Garg, Advocate

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

O R D E R

% 17.07.2015 1.

Pursuant to the parties being referred to the Delhi High Court Mediation & Conciliation Centre, a Settlement Report dated 7.7.2015 has been placed on record, wherein it has been recorded that the parties have arrived at a settlement as recorded in the Settlement Deed dated 12.6.2015, enclosed with the Settlement Report and marked as Annexure-A.

2.

Counsels for the parties state that the terms and conditions of the settlement are recorded in paras 1 to 10 of the Settlement Deed and both the parties shall abide by the conditions recorded in the said settlement. They submit that apart from the plaintiff and the defendant, Sh.Mohish Bansal, son of the defendant is also a signatory to the Settlement Deed. Counsel for the defendant assures the court CS(OS) 1915/2014 Page 1 of 3

that the defendant and her son shall remain bound by the settlement recorded in the Settlement Deed.

3.

It is jointly stated that the suit may be decreed in terms of the settlement, as recorded in the Settlement Deed dated 12.6.2015. 4.

The Court has pursued the Settlement Report dated 7.7.2015. The same has been signed by the plaintiff and the defendant, and their respective counsels as also by the learned Mediator. The Settlement Deed dated 12.6.2015, enclosed with the Settlement Report and marked as Annexure-A, has been signed by the plaintiff, the defendant and her son, Mr.Mohish Bansal and bound themselves to the terms and conditions recorded therein in respect of the suit property. 5.

As counsels for the parties jointly state that their clients have arrived at the aforesaid settlement of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impediment in accepting the said settlement. The parties shall remain bound by the terms and conditions of the settlement recorded in the Settlement Deed.

6.

The suit is decreed in terms of the settlement arrived at and recorded in the Settlement Deed dated 12.6.2015(Annexure-A), while leaving the parties to bear their own expenses. 7.

At this stage, learned counsel for the plaintiff states that in view CS(OS) 1915/2014 Page 2 of 3

of the fact that the parties have arrived at a settlement through court annexed mediation, the plaintiff is entitled to claim refund of the court fees in terms of Section 16 of the Court Fees Act. 8.

In view of the aforesaid submission made by the counsel for the plaintiff, the Registry is directed to issue a certificate in favour of the plaintiff for refund of the court fees, as per law. 9.

The suit is disposed of, along with the pending application. File be consigned to the record room.

HIMA KOHLI, J JULY 17, 2015 mk CS(OS) 1915/2014 Page 3 of 3