Richa Agrawal v. Ajay Arora

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 343/2017 & CM APPL. 12446/2017 (stay) RICHA AGRAWAL ..... Appellant Through:

Ms. Anju Lal and Ms. Shalu Lal, Advocates. (M:9810430756) with Mr.

R.

P.

Aggarwal, father/power of attorney holder of the Appellant.

versus AJAY ARORA ..... Respondent Through:

Mr.

Sunil Verma, Advocate.

(M:9899017004) with Respondent in person.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 24.01.2018 1.

The parties have reported that there has been a settlement entered into in the mediation proceedings. The original mediation report along with the settlement agreement from the Delhi High Court Mediation & Conciliation Centre has been received.

2.

As per the said settlement agreement dated 17th January 2018, the Appellant has agreed to pay a sum of Rs.16,25,000/- to the Respondent out of the FDR lying with this Court. The remaining amount is to be released to the Appellant.

2.

Mr. R. P. Aggarwal, father/power of attorney holder of the Appellant, and the Respondent are both present in person in Court. The Power of Attorney in favour of Mr. R. P. Aggarwal is at page 80 of the paper book. Both the parties have signed the settlement agreement. 3.

The Court has perused the settlement agreement. The terms of the RFA 343/2017

settlement are lawful and there is no impediment in accepting the settlement terms. They shall be bound by the terms of the settlement. 4.

The Appellant had deposited the amount of Rs.10,80,000/- in compliance with order dated 9th March, 2011 passed by a Ld. Single Judge of this Court in CS(OS) 1818/2009, which was subsequently transferred to the Dwarka Courts. The present appeal arises out of the impugned judgment dated 7th December, 2016 passed in the said suit. The amount remains deposited in a Fixed Deposit Receipt in this Court. The amount of Rs.16,25,000/- be released in favour of the Respondent. Remaining amount be released in favour of the Appellant.

5.

For the purpose of release of the amounts, the matter is listed before the Registrar on 19th February, 2018.

6.

The appeal is disposed of as settled and judgment and decree dated 7th December, 2016 stands modified in terms of the settlement. Court fee, if any, paid by the Appellant, is directed to be refunded to the Appellant. Miscellaneous applications also stand disposed of. PRATHIBA M. SINGH, J.

JANUARY 24, 2018/dk RFA 343/2017