Dipankar Sil v. Ashok Kumar Sil & ORS

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3266/2012 DIPANKAR SIL ..... Plaintiff Through : Mr. Pradeep Kar, Adv.

versus ASHOK KUMAR SIL & ORS ..... Defendants Through :Ms.

Shweta Sharma, Adv.

for defendant no. 1

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 09.12.2015 IA No. 25239/2015 (O 6 Rule 17 CPC for amendment in the plaint) Counsel for the defendant no. 1 has no objection in case this application is allowed, inasmuch as this application has been filed pursuant to the Settlement Agreement dated 4th August, 2015 entered into between the parties before the Delhi High Court Mediation and Conciliation Centre. Application is allowed.

Amended plaint is taken on record.

Learned counsel for the defendant no. 1 submits that no written statement to the amended plaint is to be filed.

CS(OS) 3266/2012 and IA No. 20576/2012 (O 39 R 1 and 2 CPC) Plaintiff and defendant no. 1 have settled their disputes before the

Delhi High Court Mediation and Conciliation Centre on 4th August, 2015 vide Settlement Agreement "Mark C-1".

Settlement Agreement has been signed by the plaintiff and defendant no. 1.

As regards defendant nos. 2 to 4 are concerned, it is submitted that they are only proforma party and no relief is pressed against them.

Suit is disposed of as not pressed qua defendant nos. 2 to 4.

Plaintiff and defendant no. 1 shall remain bound by the terms of settlement as stipulated in "Mark C-1".

I do not find the terms of settlement to be in conflict with any law. Suit is disposed of in terms of "Mark C-1".

Miscellaneous application is disposed of as infructuous. Since plaintiff and defendant no. 1 have settled their disputes through the process of mediation, court fee be refunded to the plaintiff and necessary certificate, in this regard, be issued to the plaintiff by the Registry. A.K. PATHAK, J.

DECEMBER 09, 2015 rb