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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Gautam Philip & Vivek Berry Barrister at Law LLP - Appellant
Versus
Sun Chemical Group Cooperatief UA - Respondent
CS(COMM) 33 of 2020 & I.A. 9280 of 2020, I.A. 11360 of 2020, I.A. 11793 of 2020, I.A. 11794 of 2020 and I.A. 3441 of 2021
Decided On : 08-03-2021
| Table of Content |
|---|
| 1. settlement agreement establishes the resolution. (Para 1 , 2) |
| 2. parties bound by settlement terms. (Para 3 , 6) |
| 3. suit decreed based on settlement. (Para 4) |
| 4. final order for decree sheet and cancellation of date. (Para 5 , 7) |
1. By this application the plaintiffs and defendants seek decreeing of the suit in terms of the settlement agreement dated 2nd February, 2021, which has been executed between all the parties to this application.
2. Learned Counsel for the parties are present. The terms of settlement are contained in Clauses 1 to 6.13 of the settlement agreement. The settlement agreement shall be treated as an appendix to this order.
3. The parties shall remain bound by the terms of settlement.
4. In view of the aforesaid, the suit is decreed in terms of the settlement agreement arrived at between the parties. All pending applications stand disposed of accordingly.
5. The Registry is directed to draw up the decree sheet accordingly.
6. In view of the settlement between the parties, the plaintiff shall be entitled to refund of 50% of the court fees deposited.
7. The date of 20th May, 2021 shall stand cancelled.
A settlement agreement binds the parties, allowing for a decree based on its terms, reinforcing the importance of procedural compliance in legal settlements.
A settlement agreement entered by parties is legally binding, and when presented in court, the matter is resolved with a decree reflecting the agreement.
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.
Mutual settlement of disputes allows parties to withdraw claims under Order XXIII Rule 3, leading to court decreeing the suit based on agreed terms.
Enforceability and orderliness of the settlement agreement leading to the disposal of the suit and binding the parties to its terms
Mediation can effectively resolve disputes, allowing courts to decree settlements and refund court fees under relevant provisions when matters are amicably settled.
The court upheld the validity of the settlement agreement and decreed the suit in terms of the agreement, with the parties remaining bound by its terms.
Settlement agreements reached through mediation are binding and enforceable, and parties are entitled to court fee refunds when disputes are amicably resolved.
Enforceability of settlement agreements and their impact on the resolution of disputes.
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