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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
Meenakshi Sharma - Appellant
Versus
Anju Sharma - Respondent
FAO 219/2021 & CM Appl. 31875-76/2021, FAO 220/2021 & CM Appl.31934-35/2021 & FAO 221/2021 & CM Appl.31936-37/2021
Decided On : 23-09-2021
Settlement - Agreements to Sell - The court accepted the terms of settlement between the parties, which included honoring the subject Agreements to Sell and registering sale deeds on payment of the balance sale consideration. The appeals were disposed of in terms of the settlement, and the Trial Court was directed to take into account the provisions of Section 16 of the Court Fee Act, 1970.
Fact of the Case:
The parties jointly filed an application under Order 23 Rule 3 CPC seeking to place on record the terms of settlement, which included honoring the subject Agreements to Sell and registering sale deeds on payment of the balance sale consideration.
Finding of the Court:
The court accepted the terms of settlement as lawful and disposed of the appeals accordingly. The Trial Court was directed to take on record the terms of settlement and dispose of the suits accordingly, considering the provisions of Section 16 of the Court Fee Act, 1970.
Issues:
Ratio Decidendi:
Final Decision: The appeals were disposed of in terms of the settlement, and the Trial Court was directed to take into account the provisions of Section 16 of the Court Fee Act, 1970 and pass consequential orders of refund of Court fees as per law.
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
CM Appl.33216/2021 IN FAO 219/2021
CM Appl.33003/2021 IN FAO 220/2021
CM Appl.33219/2021 IN FAO 221/2021
1. This is an application filed by the parties jointly under Order 23 Rule 3 CPC seeking to place on record the terms of settlement.
2. Terms of settlement are contained in paragraph 7 (a) to (f) of the application. As per the terms of settlement parties have agreed to honour the subject Agreements to Sell and register sale deeds on payment of the balance sale consideration.
3. Learned counsel for the parties submit that parties have also exchanged the draft of the sale deed and are presenting the Sale Deeds before the Registrar for registration and the date given is 30.09.2021 for the said purpose.
4. I have perused the terms of settlement and find the same to be lawful.
5. Learned counsel for the parties undertake that parties shall abide by their respective obligation as per the terms of settlement and honour the same.
6. The undertaking is accepted.
7. The appeals are accordingly disposed of in terms of the settlement.
8. The Trial Court shall also consequently take on record the terms of settlement and dispose of the suits accordingly. While disposing of the suit the Trial Court shall also take into account the provisions of Section 16 of the Court Fee Act, 1970 and pass consequential orders of refund of Court fees as per law.
The court upheld the terms of settlement and directed the Trial Court to consider the provisions of Section 16 of the Court Fee Act, 1970.
Settlement of disputes under CPC Section 89 allows agreements to form part of court decrees, leading to the dismissal of appeals based on mutual resolutions.
Settlement agreements can effectively dispose of a petition when agreed upon by both parties and appropriately recorded.
Parties may settle disputes leading to a decree under Order XXIII, Rule 3 of the CPC, provided the terms are clear and binding.
The court can decree a suit in terms of a settlement contained in undertaking affidavits filed by the parties, if nothing further remains for adjudication.
A settlement agreement entered by parties is legally binding, and when presented in court, the matter is resolved with a decree reflecting the agreement.
The court recognized and gave effect to the full and final settlement between the parties, leading to the satisfaction of the arbitral award and disposal of the appeal.
The court upheld the Settlement Agreement as the basis for resolving the dispute and decreed the suit accordingly.
A settlement agreement binds the parties, allowing for a decree based on its terms, reinforcing the importance of procedural compliance in legal settlements.
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