DELHI HIGH COURT
SANJEEV SACHDEVA
Anil Sharma – Appellant
Versus
Kotak Mahindra Prime Ltd. – Respondent
| Table of Content |
|---|
| 1. administrative actions following the judgment (Para 1 , 8 , 11 , 12) |
| 2. settlement of disputes and payment of amount (Para 2 , 3 , 5 , 6) |
| 3. request for no objection certificate (Para 4 , 7) |
| 4. satisfaction of the arbitral award (Para 9) |
| 5. appeal disposed of as infructuous (Para 10) |
JUDGMENT
Sanjeev Sachdeva, J. (ORAL)
CM APPL.25330/2021 & FAO 189/2016
1. The hearing was conducted through video conferencing.
2. This is an application on behalf of the appellant under Order XIII Rule 3 CPC seeking to place on record a settlement between the appellant and respondent with regard to the award passed by the Arbitral Tribunal.
3. Learned counsel for the appellant submits that appellant has paid a sum of Rs.35,000/- in full and final settlement of the subject loan account with the respondent. Learned counsel submits that on payment of the said amount, nothing is further due from the appellant.
4. Learned counsel for the appellant submits that the respondent be also directed to furnish a no objection certificate.
5. Learned counsel for the respondent also confirms that full and final settlement amount has been paid by the appellant and now there is nothing recoverab
A settlement reached between parties renders an arbitral award satisfied, making any appeals regarding the matter infructuous.
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.
Appointment of a receiver under arbitration law requires prior notice; subsequent settlement of disputes negates the need for such measures.
The court recognizes and upholds the mutual settlement reached between parties regarding the execution of an arbitral award, directing compliance within a specified timeframe.
Court emphasizes the importance of preserving parties' rights while allowing for settlement negotiations under arbitration law.
The court recognized the binding nature of the settlement agreement between the parties and dismissed the petition as the dispute was resolved.
Mutual agreement leading to settlement can effectively resolve appeals in motor accident claims.
The court considered the acceptance of payment without prejudice to further claims, and the referral to mediation as a means to resolve the disputes.
Writ petition closed upon full settlement of loan account by parties.
Court validated the mediation settlement regarding financial disputes, emphasizing enforceability upon both parties' consent.
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