Shri Anil Mehra & Anr. v. Kusum Devi & Anr.

Delhi High Court · 09 May 2025 · 2025:DHC:3620
Tara Vitasta Ganju
C.R.P. 53/2019
2025:DHC:3620
civil petition_allowed

AI Summary

The Delhi High Court disposed of a petition under Section 115 and 151 CPC based on a bona fide settlement between parties involving payment of Rs. 5,00,000/- and withdrawal of the suit.

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C.R.P. 53/2019
HIGH COURT OF DELHI
Date of Decision: 09.05.2025
C.R.P. 53/2019 & CM Appl.8679/2019
SHRI ANIL MEHRA & ANR. .....Petitioners
Through: Mr. Harkirat Sawhney, Ms. Rati Coshic, Advocate
WITH
petitioners in person.
VERSUS
KUSUM DEVI & ANR. .....Respondents
Through: Mr. Sunil Tiwari and Mr. Naveen Sirohi, Advocates
WITH
Respondents
No.1 & 3 in person.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral)
JUDGMENT

1. The Petitioners and Respondent Nos.[1] and 3 are physically present before the Court today.

2. The Respondent No.2 is not present in Court today. It is stated by the Respondent No.1/Mother of the Respondent No.2 that he is unwell.

3. The present Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as ‘CPC’] read with Section 151 CPC seeking to challenge an order dated 26.10.2018 passed by the learned ADJ-03, Patiala House Court, New Delhi [hereinafter referred to as ‘Impugned Order’].

4. Learned Counsel for the Petitioners submits that he is carrying a cheque dated 09.05.2025 in the sum of Rs.5,00,000/- issued in favour of Respondent No.1/Kusum Devi as full and final settlement of all the disputes C.R.P. 53/2019 inter se the parties. The cheque has been handed over to Respondent No.1, who is present in Court today. 4.[1] Let a photocopy of the cheque be scanned and uploaded so that it remains embedded in the case file.

5. Learned Counsel for the Respondents, on instructions from the Respondents No.1 and 3, submits that this amount is acceptable to them. In view of the settlement, learned Counsel further submits that the Respondents will withdraw the case filed by them before the learned Trial Court i.e. CS No. 56852/16 captioned Kusum Devi & Ors. vs. Vardhman Chemicals Pvt. Ltd., which is next listed before the learned Trial Court on 27.09.2025.

6. The statement of the learned Counsel for the Respondents is taken on record. The Respondents are bound by the statements made by their Counsel before the Court today.

7. Learned Counsel for the Petitioners, on instructions from the Petitioners, submits that the Petition can be disposed off in terms of the settlement arrived at between the parties.

8. The Petition is accordingly disposed off. Pending Application also stands closed.