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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Tushan Ahuja - Appellant
Versus
Vipin Ahuja - Respondent
CS(OS) 152 of 2020, I.A.s 4952 of 2020, 4953 of 2020 and 4954 of 2020
Decided On : 29-01-2021




A settlement reached through mediation effectively resolves the dispute, leading to the dismissal of the suit.

Headnote:(A) Civil Procedure Code - Settlement - The parties have settled their dispute with the assistance of the Delhi High Court Mediation and Conciliation Centre, evidenced by a memorandum dated 22nd January, 2021 - The terms of settlement were agreed upon by all parties present during the hearing. (Paras 1-9)

(B) Dispute Resolution - The court recognized the settlement and therefore, concluded that the suit does not survive for consideration. (Para 6)

Facts of the case:
The dispute was settled amongst the parties involved, leading to the present suit being disposed of according to the terms of the settlement memorandum.

Findings of Court:
The suit is decreed in accordance with the terms of the settlement, binding the parties.

Issues: The issue addressed by the court was whether the settled terms sufficiently resolved the dispute to dismiss the suit.

Ratio Decidendi: The court held that, upon the settlement between the parties, the suit is no longer maintainable and must be dismissed.

Result: Suit decreed in terms of the memorandum of settlement.

ORDER (Oral)

(Video-Conferencing)

CS(OS) 152/2020

1. The parties to this litigation have settled the disputes amongst themselves, with the intervention of the Delhi High Court Mediation and Conciliation Centre.

2. A settlement memorandum dated 22nd January, 2021, executed among the parties to this litigation, has been placed on record by the Mediation Centre.

3. A detailed memorandum of settlement has been placed on record, setting out in comprehensive detail, the terms of settlement.

4. The settlement memorandum shall be treated as an appendix to this order.

5. Learned counsel for the Plaintiff and Defendant nos. 1 to 4 as well as the Plaintiff and Defendant nos. 1 to 4 themselves are present during the hearing. They all agree that the suit may be disposed of in terms of the aforesaid settlement, by which they undertake to remain bound.

6. Recording the said statement, the present suit does not survive for consideration in view of the settlement between the parties.

7. It is, therefore, disposed of in terms of the aforesaid settlement memorandum dated 22nd January, 2021.

8. The parties shall remain bound by the terms of the said settlement.

9. The suit stands decreed accordingly, in terms of the Memorandum of Settlement arrived at among the parties.

10. The Registry is directed to draw up a decree sheet in terms thereof.

11. All pending applications i.e. I.A. 4952/2020, I.A. 4953/2020 & I.A. 4954/2020, also stand disposed of.

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