M/S Catvision Products Ltd v. Cablevision Network

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 453/2016 M/S CATVISION PRODUCTS LTD ..... Appellant Through : Mr. Virendra Rawat, Advocate versus CABLEVISION NETWORK ..... Respondent Through : Mr. Piyush Sharma, Advocate

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

O R D E R

% 21.10.2016 1.

Pursuant to the parties being referred to the Delhi High Court Mediation and Conciliation Centre, a Settlement Agreement dated 19.09.2016 has been placed on record.

2.

The terms and conditions of the settlement are set out in para 9 of the Settlement Agreement, whereunder both the parties have agreed not to press any claim against each other, subject matter of the impugned judgment and decree dated 19.3.2016. Further, the appellant and the respondent have agreed not to assail the impugned judgment and decree dated 19.3.2016 by preferring any appeal. Both the parties have also undertaken that they will not raise any dispute or claim against each in respect of the present settlement.

3.

The Court has perused the Settlement Agreement dated 19.9.2016. The same has been signed by the authorized signatory of the appellant and the partner of the respondent firm as also by their respective counsels and RFA 453/2016 Page 1 of 2

the learned Mediator. Enclosed with the Settlement Agreement is a letter of authority authorizing the signatory on behalf of the appellant to sign the Settlement Agreement.

4.

As the counsels for the appellant and the respondent jointly state that they 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 same. The Settlement Agreement dated 19.9.2016 is taken on record. The parties shall remain bound by the terms and conditions of the said settlement. 5.

The appeal is disposed of, while leaving the parties to bear their own expenses.

6.

At this stage, learned counsel for the appellant states that in view of the fact that the parties have arrived at a settlement through the court annexed mediation at the stage of admission, the appellant is entitled to claim refund of court fees in terms of Section 16 of the Court Fees Act. 7.

In view of the aforesaid submission made by the counsel for the appellant, the Registry is directed to issue a certificate in favour of the appellant for refund of the court fees under Section 16 of the Court Fees Act. 8.

File be consigned to the record room.

HIMA KOHLI, J OCTOBER 21, 2016 sk/ap RFA 453/2016 Page 2 of 2