Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
Beena Saraf & Anr. – Appellants
Versus
Sonam Saraf & Ors. – Respondents
CM(M) 778 of 2019
Decided On : 14-02-2023
Withdrawal of Petition - Settlement through Mediation - Application under Order XXIII Rule 1 read with Section 151 of CPC, 1908
Fact of the Case:
The petitioners sought withdrawal of the petition as the parties had settled their disputes through mediation conducted by Delhi Mediation Centre.
Finding of the Court:
The court allowed the withdrawal application based on the mediation settlement and affidavits submitted by the parties.
Issues: Application for withdrawal of petition, mediation settlement, dismissal of petition
Ratio Decidendi: The court relied on Order XXIII Rule 1 read with Section 151 of CPC, 1908 and the mediation settlement as the basis for allowing the withdrawal of the petition.
Final Decision: The application for withdrawal of the petition was allowed and the petition was dismissed as withdrawn.
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 7280/2023
1. This is an application under Order XXIII Rule 1 read with Section 151 of CPC, 1908 seeking withdrawal of the captioned petition.
2. Mr. Lalit Gupta, learned counsel appears on behalf of the petitioners and submits that the parties have settled their disputes vide the mediation process conducted by Delhi Mediation Centre, Tis Hazari Courts, Delhi and the true copy of mediation settlement dated 08.06.2022 is placed at page No.10 of the instant application.
3. The aforesaid application is supported by affidavits of Ms. Beena Saraf and Ms. Pragati Saraf, both dated 09.02.2023.
4. In view of the aforesaid mediation settlement duly supported by affidavits, the application seeking withdrawal is allowed and stands disposed of.
CM(M) 778/2019 & CM APP No. 23712/2019
5. The petition is dismissed as withdrawn.
6. Date already fixed, i.e. 22.02.2023 stands cancelled.
The court can allow withdrawal of a petition based on a mediation settlement under Order XXIII Rule 1 read with Section 151 of CPC, 1908.
The existence of a settlement agreement can lead to the disposal of a petition.
Parties to a settlement agreement cannot retract from its terms once they have signed it voluntarily and affirmed it before the court.
Court recognizes settlement through mediation, allowing withdrawal of appeal when terms are complied with.
An appellate court may allow the withdrawal of an appeal when the parties have entered into a valid compromise agreement in collateral proceedings, confirming such settlement through official court r....
The court affirmed that amicable settlements between parties can lead to the withdrawal of appeals and nullification of prior orders in custody disputes.
The court can grant permission to withdraw an appeal if a settlement has been reached between the parties.
Settlement agreement leads to dismissal of trademark infringement case without costs.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
