Santosh Poddar & ANR v. Praveen Kumar Jain

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 867/2016 SANTOSH PODDAR & ANR ..... Appellants Through:

Mr. Mayank Barua, Adv. for Mr.

Saurabh Sharma, Advocate (9953356050) versus PRAVEEN KUMAR JAIN ..... Respondent Through:

Mr.

S.C.Singhal, Advocate (9810061558)

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 14.11.2018 CM No. 47274/2018 (U/o 23 Rule 3 CPC filed by the parties) & RFA 867/2016 1.

Parties have settled their disputes before the Delhi High Court Mediation and Conciliation Centre and have entered into a Settlement Agreement dated 8.10.2018 which is signed by the parties. This application being CM No. 47274/2018 is therefore allowed and the appeal is disposed of and a decree is passed as per the terms stated in the Settlement Agreement dated 8.10.2018.

2.

Since there will be a money decree for a sum of Rs.12 lacs in favour of the respondent/plaintiff, but the court fee paid in this appeal is only for a

sum of Rs.9000/-, the difference in the court fee therefore will be deposited by the appellants in this Court as agreed. Difference of court fee be deposited in this Court within a period of four weeks from today. 3.

The appeal is accordingly disposed of and the Settlement Agreement dated 8.10.2018, since it is a written agreement signed by the parties, the same satisfies the requirements of Order 23 Rule 3 CPC, and therefore, this appeal is disposed of and a decree is passed as per the terms stated in the Settlement Agreement dated 8.10.2018.

4.

The amount deposited by the appellants alongwith accrued interest as agreed, be now released to the respondent/plaintiff in appropriate satisfaction of the present consent decree. The original documents of the suit property which have been deposited in this Court by the respondent/plaintiff be returned to the appellants on furnishing certified copies thereof.

5.

The appeal is accordingly disposed of. Parties are left to bear their own costs.

VALMIKI J. MEHTA, J NOVEMBER 14, 2018 ib