The Court decreed a civil suit for specific performance based on a Settlement Agreement reached through mediation. Applying Order XXIII Rule 3 CPC, the Court recorded the compromise and disposed of the suit in terms of the agreement.
Suit decreed in terms of the Settlement Agreement; Certificate for refund of court fee directed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~3
Through Mr.Amit Punj with Mr.Ishaan Aggarwal, Advocates.
versus
MR. RAJENDRA SINGH ..... Defendant Through Ms.Chavi Sood, Advocate.
CORAM: HON'BLE MR. JUSTICE MANMOHAN
The present suit has been filed for specific performance of Bayana receipt (Agreement to sell) dated 06th April, 2017 and permanent injunction.
On 30th November, 2017, the present suit was referred to the Delhi High Court Mediation and Conciliation Centre.
Mediation in the present case has been successful through the efforts of Mr. Rakesh Sachdeva, Advocate-Mediator. A Settlement Agreement has been executed between the parties on 31st January, 2018.
It is pertinent to mention that the Supreme Court in Afcons Infrastructure Ltd. Vs. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24 while dealing with Section 89 of the CPC observed that the settlement agreement will have to be placed before the Court for recording it and in disposing of the suit in its terms, the Court
should apply the principle of Order XXIII Rule 3 of the CPC and make a decree in terms of the settlement in regard to the subject matter of the suit, to make such settlement effective.
This Court is satisfied that the compromise between the parties contained in the aforesaid Settlement Agreement satisfies the requirements of Order XXIII Rule 3 CPC. The compromise contained in the aforesaid Settlement Agreement is lawful and therefore, this Court does not find any impediment in decreeing the present suit in terms of the aforesaid Settlement Agreement.
Consequently, present suit is decreed in terms of the aforesaid Settlement Agreement dated 31st January, 2018 executed between the parties, which is marked as Ex.C-1. Registry is directed to prepare a decree sheet in terms thereof.
Registry of this Court is also directed to issue the plaintiff a certificate authorizing him to receive back from the Collector the full amount of the Court fee paid by him in the present suit.
With the aforesaid observations, present suit and pending application stand disposed of.
MANMOHAN, J
FEBRUARY 06, 2018 KA
1 issue framed by the court
Whether the Settlement Agreement executed on 31st January 2018 satisfies the requirements of Order XXIII Rule 3 CPC to decree the suit.
Colour shows how this judgement treated each authority
Afcons Infrastructure Ltd. Vs. Cherian Varkey Construction Co. (P) Ltd.Referred¶14
(2010) 8 SCC 24 · Who else cites this
2 provisions across 1 enactments
MR. VINEET SALUJA
MR. RAJENDRA SINGH
MANMOHAN
As recorded by the court registry
A suit of a commercial nature above the specified value, governed by the Commercial Courts Act 2015.
Judgements on the same questions, provisions and authorities, from every court
