TPF Technologies Pvt Ltd v. Vandana Goyal

1. Pursuant to the parties being referred to mediation, the Delhi High Court Mediation and Conciliation Centre has forwarded a Settlement Agreement dated 27.02.2015. The terms and conditions of the settlement are set out in para 9 of the Settlement Agreement, whereunder the defendants have agreed to pay a sum of `4 lacs to the plaintiffs. Counsel for the plaintiffs confirms having received the aforesaid amount from the defendants. The remaining terms and conditions of the settlement have been set out in sub-para (c) to (l) of para 9 of the Agreement. 2015:DHC:3448

2. Though no mention has been made in the Settlement Agreement about any amount payable by the plaintiffs to the defendants, counsels for the parties state that the plaintiffs have agreed to release the sum of `24,807/- in favour of the defendant No.1, towards arrears of salary, which shall be paid within one week from today.

3. The Court has pursued the Settlement Agreement dated 27.02.2015. The same has been signed by the Managing Director of the plaintiffs and by the defendant No.1 in her personal capacity and as the sole surviving legal heir of the defendant No.2, who had expired in January, 2015. The Settlement Agreement has also been signed by counsels for the parties and the learned Mediator.

4. As counsels for the parties jointly state that their clients 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 settlement. The Settlement Agreement is taken on record. The parties shall remain bound by the terms and conditions of the settlement recorded in the Settlement Agreement.

5. The suit and the counter claim are disposed of alongwith the pending applications.

6. At this stage, counsels for the parties states that in view of the fact that the parties have arrived at a settlement through the court annexed mediation at the stage of completion of pleadings in the suit and the counter claim, the plaintiff in the suit and the defendant in the counter claim are entitled to claim refund of the court fees in terms of Section 16 of the Court Fees Act.

7. In view of the aforesaid submission made by the counsels for the parties, the Registry is directed to issue certificates in favour of the parties for refund of the court fees, as per law.

8. File be consigned to the record room. (HIMA KOHLI) APRIL 16, 2015 JUDGE rkb