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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
C.P. Rama Rao Proprietor - Appellant
Versus
National Highways Authority of India - Respondent
OMP (ENF.) (COMM.) 81 of 2021 & EX.Appl.(OS) 655 of 2021
Decided On : 23-12-2021
| Table of Content |
|---|
| 1. petition for execution of arbitral award. (Para 1 , 2) |
| 2. settlement agreement between parties. (Para 3 , 4) |
| 3. court orders payment per settlement. (Para 5 , 6) |
| 4. disposal of petition and related applications. (Para 7) |
1. Present petition has been filed by the decree holder under Order XXXVI of the Arbitration and Conciliation Act, 1996 read with Order XXI Rules 10 & 11 of CPC seeking execution of the arbitral award dated 11.12.2020.
2. Vide order dated 06.10.2021, the matter was referred to Delhi High Court Mediation and Conciliation Centre (SAMADHAN) for making an effort to amicably resolve their disputes.
3. This court is informed that the parties have mutually settled their disputes and as per the settlement arrived at between the parties, judgment debtor has agreed to pay an amount of Rs.30 lacs in favour of decree holder towards full and final settlement in respect of the award which is subject matter of the present petition and the same is not disputed by counsel appearing for the decree holder.
4. Learned counsel appearing on behalf of judgment debtor submits that the judgment debtor undertakes to abide by the terms of Settlement.
5. Since the settlement has arrived at between the parties, I hereby dispose of the present petition by directing the judgment debtor to pay an amount of Rs.30 lakhs as full and final settlement in favour of decree holder within 15 days.
6. Needless to say, parties shall remain bound by the terms of the Settlement which have arrived at between the parties.
7. In view of above, present petition as well as pending application, if any, stand disposed of.
The court recognizes and upholds the mutual settlement reached between parties regarding the execution of an arbitral award, directing compliance within a specified timeframe.
Once the decretal amount of an arbitral award is satisfied, there is no further matter for adjudication in enforcement petitions.
Mediation agreements that are mutually settled by parties are valid and enforceable under the law, emphasizing the importance of upholding such agreements in legal disputes.
The court reinforced that settled disputes through a Settlement Agreement should be honored and enforced to prevent ongoing litigation.
The validity and lawfulness of a Settlement Agreement in the context of executing a decree.
The settlement agreement reached between the parties was found to be binding, and the court decreed the suit in terms of the agreement.
The court affirmed that parties may resolve their disputes amicably, and once a settlement is reached, they are bound by its terms.
Court endorsed the enforcement of a compromise agreement, ruling on terms of payment and the non-refundability of court fees under relevant provisions.
The failure to comply with a settlement agreement and decree can entitle the decree holder to enforce the decree like a money decree, including the recovery of the decretal amount by selling the subj....
A settlement reached between parties renders an arbitral award satisfied, making any appeals regarding the matter infructuous.
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