Sudhir Vig v. Rakesh Kumar Gupta

Delhi High Court · 17 Aug 2017 · 2017:DHC:4513
Sanjeev Sachdeva
CS(OS) 536/2011
2017:DHC:4513
civil appeal_allowed

AI Summary

The Delhi High Court decreed a civil suit in terms of a lawful mediated settlement agreement and granted the plaintiff refund of court fees paid on the plaint.

Full Text
Translation output
CS(OS) 536/2011
HIGH COURT OF DELHI
JUDGMENT
delivered on: 17.08.2017
CS(OS) 536/2011 & I.A. 12199/2011
SUDHIR VIG ..... Plaintiff
versus
RAKESH KUMAR GUPTA ..... Defendant Advocates who appeared in this case:
For the Petitioner : Mr. Ravi Kapoor, Adv. For the Respondent : Mr. Rakesh Kumar Gupta- defendant in person.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
17.08.2017
CS(OS) 536/2011 & I.A. 12199/2011

1. The plaintiff has filed the suit for recovery against the defendant.

2. The parties were referred to mediation. Due to process of mediation, the parties have agreed to settle their disputes and settlement agreement dated 29.05.2017 has been executed between the parties.

3. The defendant is present in court and is identified by plaintiff He has also produced copy of election ID Card which is taken on record. 2017:DHC:4513 CS(OS) 536/2011

4. The settlement agreement is signed by the plaintiff as well as the defendant and also by counsel for plaintiff and defendant. The plaintiff and defendant are present in court. They confirm their signatures on the settlement agreement dated 29.05.2017. Settlement Agreement is marked Exhibit C - 1.

5. The terms of settlement are contained in Clause 6 (i) to (xii) of the settlement agreement Exhibit C - 1. The plaintiff as well as defendant pray that the suit be decreed in terms of Clause 6 (i) to (xii).

6. I have perused the terms of settlement and find them to be lawful.

7. In view of the above, the suit is decreed in terms of Clause 6 (i) to (xii) of the settlement agreement dated 29.05.2017 Exhibit C - 1.

8. Decree Sheet be drawn up. Settlement Agreement Exhibit C - 1 shall form part of the decree.

9. Since the suit has been settled through the process of mediation, the plaintiff is entitled to refund of appropriate court fees paid on the plaint. Registry is directed to issue a certificate to the plaintiff entitling the plaintiff to seek refund of the appropriate court fees from the appropriate authority.

SANJEEV SACHDEVA, J AUGUST 17, 2017 ‘rs’