Gopal Bansal v. Pooja Jain & ANR
$~9, 17, 18 & R * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 521/2016 & CM APPL. 27451/2016 (stay) GOPAL BANSAL ..... Appellant Through:
Mr. C. S. Bhandari, Advocate.
(M:8800989043) with Appellant in person and Mr. Bhanu Pratap Jain in person.
versus POOJA JAIN & ANR.
..... Respondents Through:
Mr. Dushyant Swaroop, Advocate with R-1 in person. (M:7428280806) WITH + RFA 360/2017 & CM APPL. 13641/2017 PARMOD KUMAR JAIN ..... Appellant Through:
Mr. Dushyant Swaroop, Advocate with Ms.
Pooja Jain, wife of Appellant in person. (M:7428280806) versus SHEELA JAIN ..... Respondent Through:
Mr. C. S. Bhandari, Advocate.
(M:8800989043) WITH + RFA 362/2017 & CM APPL. 13647/2017 PARMOD KUMAR JAIN ..... Appellant Through:
Mr. Dushyant Swaroop, Advocate with Ms.
Pooja Jain, wife of Appellant in person. (M:7428280806) versus
SHEELA JAIN AND ANR.
..... Respondents Through:
Mr. C. S. Bhandari, Advocate.
(M:8800989043) with Mr.
AND (from regular board) + RFA 333/2017 SHEELA JAIN ..... Appellant Through:
Mr. C. S. Bhandari, Advocate.
(M:8800989043) versus PARMOD KUMAR JAIN ..... Respondent Through:
Mr. Dushyant Swaroop, Advocate with Ms.
Pooja Jain, wife of Appellant in person. (M:7428280806)
CORAM:
JUSTICE PRATHIBA M. SINGH
O R D E R
% 13.04.2018 1.
Learned counsels for the parties submit that the parties have entered into a Settlement Agreement in the Delhi Mediation Centre, Karkardooma Courts, Delhi. There were several proceedings between the parties, all of which have been settled through this settlement agreement. The same are listed in the agreement as under:
"1) RFA 521/2016 titled as "Gopal Jain v. Pooja Jain & Ors." pending before Delhi High Court.
2) RFA 333/2017 titled as "Sheela Jain v.
Pramod Jain" pending before Delhi High Court.
3) Execution petition 145/2017 titled as "Sheela Jain v. Pramod Jain" pending before the Court of Sh. Vipin Kumr Rai, Ld. ADJ, KKD Courts, Delhi.
4) Civil Suit No.428/2017 titled as "Gopal Jain
v. Pramod Jain" pending before the Court of Sh. Sharad Gupta, Ld. ADJ, KKD Courts, Delhi.
5) Complaint case no.46613/2016 titled as "Gopal Jain v. Gangaram Jain & Ors." pending before the Court of Sh. S. K. Mishra, Ld. MM, KKD Courts, Delhi.
6) Civil Suit No.10734/2016 titled as "Gopal Jain v. Pooja Jain & Ors." pending before the Court of Sh. S. K. Sirohi, Ld. ACJ, KKD Courts, Delhi.
7) Civil appeal No.143/2017 titled as "Gopal Jain v. Pramod Jain & Ors." pending before the Court of Ms. Hardeep Kaur, Ld. ADJ, KKD Courts, Delhi.
8) RFA 360/2017 titled as "Pramod Jain v.
Sheela Jain" pending before the Delhi High Court.
9) RFA 362/2017 titled as "Pramod Jain v.
Sheela Jain & Ors." pending before the Delhi High Court.
10) Complaint case no.51186/2016 titled as "Pooja Jain v. Gopal Jain & Ors." pending before the Court of Ms. Mahima Rai, Ld. MM, KKD Courts, Delhi.
11) Complaint case no.51818/2016 titled as "Pooja Jain v. Gopal Jain & Ors." pending before the Court of Sh. S. K. Mishra, Ld. MM, KKD Courts, Delhi.
12) Complaint case no.4994/2017 titled as "Pooja Jain v. Gopal Jain & Ors." pending before the Court of Ms. Mahima Rai, Ld. MM, KKD Courts, Delhi."
2.
Parties submit that all the above proceedings have been settled. On behalf of the first party, in the Settlement Agreement, Shri Gopal Jain and Mr. Bhanu Pratap Jain are present in Court today. On behalf of the second
party, Smt. Pooja Jain, who is also wife of Mr. Pramod Jain is present today. Parties also confirm the factum of settlement and also submit that the documents in respect of the property, as mentioned in the Settlement Agreement, have also been executed. The terms of settlement are contained in the Settlement Agreement drawn up on 5th February, 2018. A copy of the same has been handed across in the Court. Settlement Agreement is taken on record. Counsels submit that the settlement agreement has been taken on record in the trial court. RFA 333/2017 is in the regular board of this Court and the file of the same has also been requisitioned. In view of the settlement, parties wish to withdraw the present appeals. 3.
Accordingly, the appeals are dismissed as withdrawn, in view of the settlement. Parties shall be bound by the settlement terms. 4.
The amount Rs.2,80,000/- deposited in RFA 360/2017 which is lying in this Court, may be returned in favour of Mr. Pramod Jain along with any interest, which is accrued thereon.
5.
Since the matters were settled in the mediation, the parties are entitled to refund of court fee under Section 16 of the Court Fee Act. Certificate be issued accordingly. All miscellaneous applications are disposed of as infructuous.
PRATHIBA M. SINGH, J.
APRIL 13, 2018/dk