Brij Mohan Bajaj & ANR v. Rakesh Kuma Bajaj & ANR

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2067/2013 BRIJ MOHAN BAJAJ & ANR ..... Plaintiffs Through Mr.Neeraj Kumar Gupta, Advocate.

versus RAKESH KUMA BAJAJ & ANR ..... Defendants Through Mr.Ravindra Kumar, Advocate for D2.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 07.09.2017 The present suit has been filed for partition, accounts, mesne profits and injunction.

On 27th February, 2017, the present suit was referred to the Delhi High Court Mediation and Conciliation Centre. Mediation in the present case has been successful through the efforts of Ms.Anisha Gupta, Advocate-Mediator.

A Settlement Agreement dated 16th August, 2017 has been executed between the parties.

It is pertinent to mention that the Supreme Court in Afcons Infrastructure Ltd. Vs. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24 while dealing with Section 89 of the CPC observed that the settlement agreement will have to be placed before the Court for recording it and disposing of the suit in its terms and the Court should apply the

principle of Order 23 Rule 3 of the CPC and make a decree in terms of the settlement in regard to the subject matter of the suit, to make such settlement effective.

This Court is satisfied that the compromise between the parties contained in the aforesaid Settlement Agreement satisfies the requirements of Order 23 Rule 3 CPC. The compromise contained in the aforesaid Settlement Agreement is lawful and therefore, this Court does not find any impediment in decreeing the suit in terms of the aforesaid Settlement Agreement.

Consequently, present suit is decreed in terms of the aforesaid Settlement Agreement dated 16th August, 2017, which is marked as Ex.C-1. Registry is directed to prepare a decree sheet in terms thereof. With the aforesaid observations, present suit stands disposed of. MANMOHAN, J SEPTEMBER 07, 2017 KA