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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Maunicka Makkar - Appellant
Versus
Madalsa Sood - Respondent
RFA(OS) 3 of 2022 & CM Appl. 4542 of 2022
Decided On : 18-07-2022
| Table of Content |
|---|
| 1. settlement reached in mediation. (Para 1 , 2 , 3) |
| 2. application allowed based on settlement. (Para 4 , 5 , 6) |
| 3. eviction order noted despite settlement. (Para 7 , 8) |
| 4. court fees refunded post-settlement. (Para 9 , 10 , 11) |
CM APPL. 31352/2022
1. Present application has been jointly filed by the appellants and the respondent under Order XXIII Rule 3 read with Section 151 CPC for recording of the compromise arrived at between the parties.
2. Vide order dated 22.03.2022, the matter was referred to Delhi High Court Mediation and Conciliation Centre for making an effort to amicably resolve their disputes.
3. Today, learned counsel for the parties jointly submit that parties inter-se has already settled their disputes before Delhi High Court Mediation & Conciliation Centre (SAMADHAN) vide Settlement Agreement dated 09.05.2022. Settlement Agreement is taken on record.
4. In view of above, application is allowed and disposed of.
RFA(OS) 3/2022 & CM APPL. 4542/2022
5. In view of order passed in CM APPL. 31352/2022, present appeal is
disposed of in terms of Settlement Agreement dated 09.05.2022.
6. Needless to say, parties shall be bound by the terms of aforesaid Settlement Agreement.
7. This court has been informed that the matter has been settled prior the stage of framing of issues. However, eviction order was passed during the pendency of the suit.
8. At this stage, learned counsel for the parties pray for refund of entire Court fee deposited by the appellant in the present appeal and respondents in CS(OS) 93/2021.
9. Keeping in view of the aforesaid facts, we find that the matter has been settled at the prior stage of the framing of issues and the fact that the plaintiff/respondent herein is 84 years old, widow, we hereby direct the Registry to refund the entire court fee in favour of the plaintiff/respondent deposited by her in CS(OS) 93/2021. Registry is further directed to refund court fee in favour of the appellants herein deposited by them in the present appeal.
10. Registry is also directed to issue necessary certificates/authorization in favour of the plaintiff/respondent of CS(OS) 93/2021 and appellant to seek refund before the appropriate authorities.
11. In view of above, present appeal and pending application are accordingly disposed of.
Compromise reached through mediation is binding on parties, warranting a court fee refund due to early resolution before issue framing.
The court reinforced that parties are bound by a settlement agreement reached through mediation, allowing for the refund of court fees upon amicable resolution of disputes.
Mediation can effectively resolve disputes, allowing courts to decree settlements and refund court fees under relevant provisions when matters are amicably settled.
The main legal point established in the judgment is the entitlement of parties to seek a decree in terms of a Settlement Agreement reached through mediation and the refund of entire court fees as per....
Mediation settlements accepted by the court under Section 89 of the Code of Civil Procedure are binding and form part of the judgment.
Appeal disposed of as settled via mediation under Section 89 CPC; settlement forms part of decree.
Appeal disposed via mediation settlement under Section 89 CPC; compromise accepted and forms part of decree.
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