Ravi Bahadur Mathur v. MIS Value Landbase Developers Pvt Ltd & Ors

Delhi High Court · 01 Jun 2011 · 2011:DHC:19541
Manmohan Singh
CS(OS)2289/2009
2011:DHC:19541
civil appeal_allowed

AI Summary

The Delhi High Court upheld a binding settlement agreement reached through mediation, disposed of the suit accordingly, and ordered refund of court fees to the plaintiff.

Full Text
Translation output
1^ $-48 HIGH COURT OF DELHI
CS(OS)2289/2009
RAVI BAHADUR MATHUR Plaintiff Tlirough: Mr Lalit Gupta with Mr M.H.
Klian,Adv.
VERSUS
MIS VALUE LANDBASE DEVELOPERS PVT LTD & ORS Defendants
Through; Mr S.K.Kalia,Adv.
CORAM:
HON'BLE MR.JUSTICE MANMOHAN SINGH
01.06.2011
CS(OS)2289/2009
The mediation report dated 31.05.2011 has been received which indicates that the parties have resolved their disputes by means of a settlement agreement. The terms and conditions of the settlement agreement are mentioned in para6 ofthe agreement. The parties as well as their respective counsel have signed the agreement. The learned counsel appearing on behalf of the defendant states that Major Ashok
Kumar Chauhan has been authorized on behalfofthe defendants to sign
2011:DHC:19541 I7 the agreement.
It has also been agreed by the parties that the court fee deposited by the plaintiff shall be refunded in view ofthe fact that the matter has been resolved before the Mediation Centre. However,the plaintiff has filed a fresh application in this regard. In view ofthe settlement arrived at between the parties, they would be bound by the tenns and conditions mentioned in para 6 ofthe said agreement. The learned counsel for the plaintiff undertakes that in case the plaintiff has any original documents pertaining to the transaction, he shall return the same to the learned counsel for the defendant. The suit is accordingly disposed of. No order as to cost.
LA.No.9551^011(under Section 16 of the Court Fees Act,1870 r/w
Section 151 CPC for refund ofcourtfees)
In view ofthe fact that the matter has been settled before the Delhi
High Court Mediation & Conciliation Centre, the present application is
( allowed. The registry is directed to refund the court fees to the applicant/plaintiff.
The application is disposed of.
JUNE 01,2011/dp 2011:DHC:19541
JUDGMENT