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DELHI HIGH COURT
SIDDHARTH MRIDUL, TALWANT SINGH
Usha Batra – Appellant
Versus
Ombir Creation Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. joint application for disposal of appeal (Para 1 , 2) |
| 2. details of the settlement agreement (Para 3) |
| 3. court's observation on legitimacy of settlement (Para 5) |
| 4. order and decree sheet preparation (Para 6 , 7 , 8 , 9 , 10) |
JUDGMENT
Siddharth Mridul, J.(Via Video Conferencing)
CM APPL.8062/2021
1. The present application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 has been jointly instituted on behalf of the parties praying as follows:
"It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to dispose off the above said appeal as compromise/settled in terms of the aforesaid amicable settlement.
Pass such other or further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
2. Mr. Prashant Mehta, learned counsel appearing on behalf of Appellant Nos.1,2,4 and 5, Mr. Aman Dhyani, learned counsel appearing on behalf of Appellant No.3 and Mr. Anil Sharma, learned counsel appearing on behalf of respondent invite our attention to paragraphs 3 and 4 of the present application to urge that the appeal may be disposed of, in terms of the compromise/settlement
The court upheld the legality of a settlement agreement between parties in a civil dispute, allowing the appeal to be resolved without further litigation.
The court has the discretion to permit parties to settle their disputes in the interest of justice, and a compromise/settlement agreement can be allowed if found to be legal.
The court has the authority to pass a decree in terms of a compromise deed under the relevant provisions of the Code of Civil Procedure, 1908, and can order the refund of court fees in accordance wit....
The court recognizes amicable settlements and formalizes compromise terms in decrees.
A compromise between parties, if accepted by the court, is binding and results in the cessation of claims while outlining property rights and financial settlements.
The court may accept a compromise if it is just and proper and does not contravene any provision of law.
A settlement agreement under Order XXIII Rule 3 CPC is binding when entered voluntarily without coercion, leading to the disposal of the suit based on mutual acknowledgments of rights.
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