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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Vishal Gulhati - Appellant
Versus
Sushma Gulhati & Ors. - Respondents
EX.P. No. 7/2020
Decided On : 18-11-2021
Settlement Agreement - Execution of Decree - Validity of Settlement Agreement
Fact of the Case:
The decree holder filed a petition seeking execution of the decree and judgment. The matter was referred to mediation, and the parties reached a settlement agreement, which was duly signed by both parties.
Finding of the Court:
The court found the mediated Settlement Agreement to be valid and lawful, and the judgment debtors undertook to abide by its terms.
Issues: Execution of decree, validity of Settlement Agreement
Ratio Decidendi: The court's decision was influenced by the validity and lawfulness of the Settlement Agreement, and the undertaking of the judgment debtors to abide by its terms.
Final Decision: The present petition seeking execution of the decree was disposed of in view of the valid and lawful Settlement Agreement reached by the parties.
JUDGMENT
(Oral)
1. Amended memo of parties filed by the decree holder is taken on record.
2. Present petition has been filed by the decree holder under Order XXI CPC seeking execution of the decree and judgment dated 09.10.2019.
3. Vide order dated 03.08.2021, the matter was referred to Delhi High Court Mediation and Conciliation Centre (SAMADHAN) for making an effort to amicably resolve their disputes.
4. This court is informed that the parties have mutually settled their disputes and the terms of the settlement have been incorporated in Settlement Agreement dated 16.11.2021, which is duly signed by both the sides/parties. The aforesaid Settlement Agreement dated 16.11.2021 has come on record.
5. Learned counsel appearing on behalf of judgment debtors submit that the judgment debtors undertake to abide by the terms of aforesaid Settlement Agreement dated 16.11.2021.
6. This Court has gone through the contents of the mediated Settlement Agreement dated 16.11.2021 and find it to be valid and lawful.
7. Needless to say, parties shall remain bound by the terms of the Settlement Agreement dated 16.11.2021.
8. In view of above, present petition is, accordingly disposed of.
The validity and lawfulness of a Settlement Agreement in the context of executing a decree.
Mediation agreements that are mutually settled by parties are valid and enforceable under the law, emphasizing the importance of upholding such agreements in legal disputes.
The court recognizes and upholds the mutual settlement reached between parties regarding the execution of an arbitral award, directing compliance within a specified timeframe.
Enforcement of Settlement Agreement
Once the decretal amount of an arbitral award is satisfied, there is no further matter for adjudication in enforcement petitions.
Disputes can be effectively resolved through mediation, and courts may dispose of petitions based on the terms agreed in a settlement, provided all parties consent.
The court decreed the suit in terms of a valid and lawful Settlement Agreement mutually settled by the parties.
Mediation agreement reached by parties upheld by court as binding.
Mediated settlements are enforceable and form part of court judgment.
Settlement through mediation can resolve disputes without further court litigation.
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