1. Settlement agreement reached through mediation between parties. (Para 1 , 2 )
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2021 Supreme(SC) 1095
SUPREME COURT OF INDIA
Abhay S. Oka, J.
Padmini Choudhary - Petitioner
Versus
Deepak Kumar Choudhary - Respondent
Transfer Petition (Civil) No. 145 of 2018
Decided On : 01-10-2021
Important Points
The existence of a settlement agreement can lead to the disposal of a petition.
Subject
Civil Law - Settlement Agreements
Headnote
Settlement Agreement - Disposal of Petition - The court disposed of the petition in view of the settlement agreement between the parties, which was made a part of the record and formed the terms of the court's order.
Fact of the Case:
The parties reached a settlement agreement, and the petitioner sought permission to withdraw the petition based on the settlement.
Finding of the Court:
The court disposed of the petition in view of the settlement agreement between the parties.
Issues:
Ratio Decidendi: The court's decision was influenced by the existence of a settlement agreement between the parties.
Final Decision: The petition was disposed of in view of the settlement agreement, and the terms of the settlement were made a part of the court's order.
Legal Category Hierarchy
Table of Contents
2. Petitioner seeks withdrawal of the petition following the settlement. (Para 3 )
3. The court accepted the mediation report and settlement agreement as part of the record. (Para 1 , 2 , 4 )
4. A petition may be disposed of when parties settle their dispute through mediation and the petitioner seeks withdrawal. (Para 3 )
5. Petition and pending applications disposed of in view of the settlement agreement. (Para 3 , 4 , 5 )
6. How does a settlement reached through mediation affect a pending petition?
The court may permit the petitioner to withdraw the petition and subsequently dispose of it in view of the settlement. (Para 3 )
7. Can the terms of a settlement agreement be incorporated into a court order?
Yes, the court may clarify that the terms of a settlement agreement shall form a part of the court's order. (Para 4 )
8. What is the status of pending applications when a petition is disposed of due to settlement?
Pending applications are generally disposed of along with the main petition. (Para 5 )
ORDER :
1. The report submitted by the Supreme Court Meditation Centre is placed on record along with a copy of a report signed by the Ld. Mediator. A Settlement Agreement dated 14th August, 2021 entered into by and between the petitioner and the respondent is a part of the Mediation report.
2. The said Settlement Agreement shall be a part of record of this petition.
3. In view of the settlement, the learned counsel for the petitioner seeks permission to withdraw this petition. Accordingly, the petition is disposed of in view of the settlement.
4. It is clarified that the terms of the settlement in the aforesaid agreement shall form a part of this order.
5. Pending application (s), if any, stand disposed of.
