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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Deepti Patni - Appellant
Versus
Almond Infrabuild Private Limited - Respondent
O.M.P.(I) (COMM.) 133 of 2021 & I.A. 10123 of 2021
Decided On : 05-10-2021
Important Points
Subject
Civil Law - Contract Law
Headnote
(B) Corrective Amendments in Settlement - Agreed figure of Rs.36,93,616/- in the settlement agreement was acknowledged to be Rs.37,89,517/- by both parties, highlighting the importance of precise terms in legal agreements. (Paras 2-3)
Facts of the case:
Parties entered into a settlement agreement to resolve their dispute, with specific figures adjusted through consensus, reflecting their mutual understanding and consent recorded through e-mails and the formal agreement.
Findings of Court:
No outstanding issues for adjudication as the parties' consent binds them to the settlement terms, and amendments were acknowledged and validated.
Issues: The court addressed the accuracy of the figures stated in the settlement agreement and the confirmation of the parties' agreement on the corrected amount.
Ratio Decidendi: The court held that the parties are bound by their mutual consent to the settlement terms, including any corrective adjustments, emphasizing the role of mediation in resolving disputes effectively.
Result: Petition disposed of in terms of the settlement agreement.
ORDER (ORAL)
C. Hari Shankar, J. The dispute in this case stands settled under the aegis of the Delhi High Court Mediation and Conciliation Centre. A copy of the settlement agreement dated 30th September, 2021 has been placed on record. The terms of settlement are contained in clauses 1 to 18 thereof. E-mails, evidencing consent of all the parties to this litigation, to the aforesaid settlement agreement are also placed on record. Parties agree to be bound by the terms of the settlement.
2. However, Mr. Srivastava, learned Counsel for the petitioners submits that the figure of Rs.36,93,616/-, contained in para 2 of the settlement agreement should be read as Rs.37,89,517/-. Learned Counsel for the respondents also acknowledges this fact.
3. As such, the parties would remain bound by the terms of settlement subject to the figure of Rs.36,93,616/- in para 2 of the settlement agreement be read as Rs.37,89,517/-.
4. In view thereof, nothing survives for adjudication in this petition. The petition alongwith pending application stands disposed of in terms of the aforesaid settlement agreement.
