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CS(OS)518/2011
RAVINDER KUMAR JAIN & ANR
Through'.Ms.Payal Jain, advocate aiongwitn plaintiffs 1 &< 2 in person.
Through:Ms.Madhumita Bhattacharya, advocate with defendant in person.
14.09.2011 lA no.14560/2011(U/0.22 R.3 & 3A)
ORDER
1. The parties have arrived at a settlement, a true copy whereof has been placed alongwith the present application (Exh.P-Ill) on record. Statements of the parties in support of the settlement have been separately recorded. The settlement agreement between the parties dated 5'^ August, 2011 (Exh.P-V) has been arrived at the Delhi High Court Mediation & Conciliation Centre. The settlement agreement is in writing and appears to be voluntary, bonafide and entered into without any kind of force, pressure or undue influence. There is no legal impediment for taking the same on record.
2. The parties have given undertaking to remain bound by the 2011:DHC:15192: 2: IV terms of settlement and pray that this suit be decreed on the terms and conditions of the settlement stated therein.
3. In view of the above, it is directed as follows
(i) The terms of settlement between the parties as per agreement dated 5^^ August, 2011, a copy whereof is annexed aiongwith lA no.14560/2011 are accepted and taken on record. (11) The undertakings given by the parties in the settlement agreement as well as the statement made today in court are accepted and they shall remain bound by the same.
(ill) This application is allowed in the above terms.
4. in view of the settlement between the parties placed on record aiongwith lA no.14560/2011, which has been allowed today, it Is directed that the suit against the defendants shall stand decreed on terms and conditions set out in para 5 of the settlement application which shall form part of the decree sheet
5. In view of the settlement having been arrived at before the Delhi High Court Mediation & Conciliation Centre which has been reached at the initial stages, the Registry is directed to issue a certificate in the prescribed form to enable the plaintiff to seek refund of the court fees under Section 16 of the Court Fees Act and Section 89 of the CPC.; 3: li The Registry is to draw up a decree sheet in accordance with law. lA nos.3412/2011 & 11357/2011 In view of the orders passed in the main suit, these applications do not survive for adjudication and are dismissed as such.
SEPTEMBER 14, 2011 rds GIJA MITTAL,J