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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Vishal Gulhati - Appellant
Versus
Sushma Gulhati - Respondent
EX.P. 7 of 2020
Decided On : 31-08-2021
Important Points
Subject
Civil Law - Mediation and Settlement
Headnote
(B) Mediation and settlement - Court emphasizes importance of parties being bound by amicable resolutions obtained through mediation, highlighting the legality of the mediated agreement. (Paras 4, 7)
Facts of the case:
The petitioner, a decree holder, filed a petition for execution under Order XXI CPC following a judgment dated 09.10.2019. The case was referred to mediation, leading to a Settlement Agreement dated 16.11.2021, which was mutually agreed upon.
Findings of Court:
The Court acknowledges the Settlement Agreement as valid and lawful, indicating satisfaction with its terms and emphasizes parties’ obligations under it.
Issues: The primary issue was the validity and enforceability of the Settlement Agreement reached between the parties through mediation.
Ratio Decidendi: The Court found the mediated Settlement Agreement to be lawful, reinforcing the efficacy of mediation in dispute resolution and the duty of parties to adhere to mutually agreed terms.
Result: Petition disposed of.
| Table of Content |
|---|
| 1. execution of decree and mutual settlement (Para 1 , 2 , 3 , 4) |
| 2. commitment to abide by settlement terms (Para 5) |
| 3. validation of settlement agreement (Para 6 , 7) |
| 4. dismissal of petition due to settlement (Para 8) |
JUDGMENT (Oral)
1. Amended memo of parties filed by the decree holder is taken on record.
2. Present petition has been filed by the decree holder under Order XXI CPC seeking execution of the decree and judgment dated 09.10.2019.
3. Vide order dated 03.08.2021, the matter was referred to Delhi High Court Mediation and Conciliation Centre (SAMADHAN) for making an effort to amicably resolve their disputes.
4. This court is informed that the parties have mutually settled their disputes and the terms of the settlement have been incorporated in Settlement Agreement dated 16.11.2021, which is duly signed by both the sides/parties. The aforesaid Settlement Agreement dated 16.11.2021 has come on record.
5. Learned counsel appearing on behalf of judgment debtors submit that the judgment debtors undertake to abide by the terms of aforesaid Settlement Agreement dated 16.11.2021.
6. This Court has gone through the contents of the mediated Settlement Agreement dated 16.11.2021 and find it to be valid and lawful.
7. Needless to say, parties shall remain bound by the terms of the Settlement Agreement dated 16.11.2021.
8. In view of above, present petition is, accordingly disposed of.
