M/S ICICI BANK LTD v. PRAVEEN MAHESHWARI

Delhi High Court · 26 Oct 2016 · 2016:DHC:7215
Hima Kohli
RFA 338/2015
2016:DHC:7215
civil appeal_allowed

AI Summary

The Delhi High Court disposed of the appeal by recording a voluntary Settlement Agreement between the parties, binding them to its terms and leaving them to bear their own costs.

Full Text
Translation output
RFA 338/2015
HIGH COURT OF DELHI
RFA 338/2015 & CM No.9054/2015
M/S ICICI BANK LTD ..... Appellant
Through : Mr. Puneet Bhalla, Advocate
VERSUS
PRAVEEN MAHESHWARI ..... Respondent
Through : Mr. Sanjeev S. Chhabra, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 26.10.2016
JUDGMENT

1. Pursuant to the parties being referred to the Delhi High Court Mediation and Conciliation Centre, a Settlement Agreement dated 22.09.2016 has been placed on record, whereunder it has been recorded that the respondent has agreed to pay a sum of Rs.3.30 lacs to the appellant in full and final settlement of all its claims.

2. Counsel for the appellant states that out of the settlement amount of Rs.3.30 lacs, a sum of Rs.1.10 lacs has already been received by the appellant/Bank and the second instalment of Rs.1.10 lacs is now payable by the respondent by 27.11.2016.

3. Counsel for the respondent hands over a demand draft bearing No.007145 dated 25.10.2016 drawn on Axis Bank, Ashoka Niketan, New Delhi in the sum of Rs.1.10 lacs in favour of the appellant, to the counsel for the appellant, which has been duly accepted by him, thus leaving the final instalment of Rs.1.10 lacs, which the respondent has agreed to pay to the appellant on or before 27.11.2016. 2016:DHC:7215 RFA 338/2015

4. The Court has perused the Settlement Agreement. The terms and conditions of the settlement are set out in para 4 thereof. The same has been signed by the authorized representative of the appellant and the respondent and their respective counsel as also by the learned Mediator

5. As the counsels for the appellant and the respondent jointly state that they 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 and the parties shall remain bound by the terms and conditions of the said settlement.

6. The appeal is disposed of, along with the pending application, while leaving the parties to bear their own expenses.

8. File be consigned to the record room. HIMA KOHLI, J OCTOBER 26, 2016 sk