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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Kamalesh Agarwal - Appellant
Versus
Anupam Garg - Respondent
CS(OS) 191 of 2022 & I.A. 5190 of 2022
Decided On : 12-04-2022
The court affirmed the validity of a settlement agreement reached through mediation, emphasizing its enforceability as part of a court decree.
Headnote:(A) Specific Relief Act, 1963 - Sections relevant to specific performance of agreements - Parties' disputes settled through mediation, leading to a lawful settlement agreement - Court emphasizes importance of adhering to settlement terms. (Para 3)
(B) Mediation - The court recognized the efficacy of mediation in resolving disputes amicably, promoting the performance of respective obligations under the terms of settlement. (Para 5)
Facts of the case:
The plaintiff filed a suit for specific performance of an agreement to sell dated 05.12.2019. The court referred the parties for mediation, leading to a settlement agreement executed on 06.04.2022.
Findings of Court:
The court found the settlement terms lawful and upheld them as part of the decree.
Issues: The court addressed whether the settlement agreement was lawful and how to integrate it into the court's decree.
Ratio Decidendi: The court concluded that the terms of the settlement agreement were lawful and binding on the parties, emphasizing the role of mediation in dispute resolution.
Result: Suit decreed in terms of the settlement agreement.
| Table of Content |
|---|
| 1. plaintiff's seek for specific performance. (Para 1) |
| 2. possibility of resolution through mediation. (Para 2) |
| 3. disputes settled via mediation. (Para 3) |
| 4. terms of settlement are lawful. (Para 4) |
| 5. counsels confirm adherence to settlement. (Para 5) |
| 6. decree in accordance with settlement agreement. (Para 6) |
| 7. preparation of decree sheet. (Para 7) |
| 8. refund of court fee to the plaintiff. (Para 8) |
JUDGMENT
Sanjeev Sachdeva, J. Plaintiff has filed the subject suit seeking specific performance of agreement to sell dated 05.12.2019 between the plaintiff and defendant no. 1.
2. Noticing the contentions of the parties on 04.04.2020, it appeared that there was a possibility of resolution of the disputes, accordingly, the parties were referred to mediation.
3. Parties have settled their disputes through the process of mediation and settlement agreement dated 06.04.2022 has been executed between the plaintiff and defendant no. 1.
4. I have perused the terms of settlement and find the same to be lawful.
5. Learned counsels for the parties under instructions from the parties confirm the settlement agreement dated 06.04.2022 and undertake that they shall perform their respective obligations undertaken in the said agreement. The undertaking is also accepted.
6. Settlement agreement is Exhibited and marked Exhibit C-1. The Suit is accordingly decreed in terms of the settlement agreement (Exhibit C-1) which shall form part of the decree.
7. Decree sheet be prepared accordingly.
8. Since the disputes have been settled through the process of mediation on a reference by the Court, the court fee paid on the plaint is directed to be refunded to the plaintiff in accordance with law.
