Kela Devi v. Umed Singh & Ors.

Delhi High Court · 26 Aug 2021 · 2021:DHC:2634
C. Hari Shankar
CS(OS) 559/2019
2021:DHC:2634
civil appeal_allowed

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The Delhi High Court decreed a civil suit based on a settlement agreement, allowing modification of deadlines for compliance due to COVID-19 related difficulties.

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HIGH COURT OF DELHI
CS(OS) 559/2019 & I.A. 10820/2021
SMT. KELA DEVI ..... Plaintiff
Through: Mr. AlokDev, Adv.
VERSUS
SH. UMED SINGH & ORS. ..... Defendants
Through: Mr. TarunGehlot, Adv.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR 26.08.2021
(Video-Conferencing)
O R D E R (ORAL)
CS (OS) 559/2019
JUDGMENT

1. The disputes between the parties stand settled with the intervention of the Delhi High Court Mediation and Conciliation Centre.

2. Learned counsel for the parties are present and agree, ad idem, that the dispute stands settled and that the suit may be decreed on the basis of the settlement agreement.

3. However, learned counsel for the plaintiff draws my attention to the fact that Clause 1 of the terms of settlement requires execution of a Relinquishment Deed by the first party, i.e. the plaintiff, on or before 10th April, 2020, i.e. within two months of the date of execution of the settlement agreement. He submits that, owing to the difficulties faced on account of COVID-19 pandemic, it has not been possible to abide by this cutoff date. He, therefore, submits that his client would execute 2021:DHC:2634 the requisite Relinquishment Deed, as per Clause 1 of the terms of settlement between the parties, within a month of the issuance of decree in the present matter.

4. Learned counsel for the defendant has no objection.

5. Accordingly, the suit stands decreed in terms of the settlement agreement dated 10th February, 2020, executed between the parties before the Delhi High Court Mediation and Conciliation Centre, subject to modification of the date by which the Relinquishment Deed is required to be executed by the plaintiff, as stipulated in Clause 1 of the terms of settlement. The parties agree that the Relinquishment Deed may be executed within thirty days of drawing up of decree sheet by the Registry.

6. Learned counsel are also agreed that the date of 10th April, 2020, specified in Clause 4 of the terms of settlement shall also be modified and that the application for mutation would be made within thirty days of the drawing up of decree sheet.

7. Subject to the above modifications, the suit stands decreed in terms of the settlement agreement between the parties.

8. The Registry is directed to draw up the decree sheet accordingly.

C.HARI SHANKAR, J AUGUST 26, 2021 ss