Rajen Bathija Vs Sanjay Bathija & Anr. — Delhi HC (2025) — LawSathi Research

Rajen Bathija Vs Sanjay Bathija & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both consolidated suits disposed of pursuant to the amicable settlement reduced in writing on 01.04.2025; parties declared bound by the settlement agreement, which is to be read in conjunction with the passport and OCI documents furnished in respect of Rajen Bathija.

Issue for consideration

Whether the amicable settlement between the parties meets the essentials specified in Order XXIII, Rule 3 (lawful compromise, reduced in writing, duly signed) so that the parties are bound by it and the suits can be decreed/disposed of in terms of the settlement. +1 more

Court's answer

The settlement was agreed upon without fear or coercion, and the parties entered into the settlement agreement on their own volition.

Ratio / Principle

As the lis in CS(OS) 157/2020 and CS(OS) 253/2020 is overlapping, both suits are consolidated.

Key takeaways

The settlement was arrived at following due procedure and meets the essentials specified in Order XXIII, Rule 3; consequently the parties shall be bound by the settlement agreement.ratio¶¶15
Since the submissions on the misrecorded details of Rajen Bathija went unopposed, the settlement agreement shall be read in conjunction with the passport and OCI documents furnished, correcting the inadvertently recorded details.ratio¶¶18

Detailed headnote1 paragraphs

High Court of Delhi (Purushaindra Kumar Kaurav, J.), order dated 15.04.2025: The overlapping suits CS(OS) 157/2020 (Rajen Bathija v. Sanjay Bathija & Anr.) and CS(OS) 253/2020 (Vijay Bathija through Smt Bhagwanti Arjun Chandnani v. Sanjay Bathija & Anr., with associated I.As.) were consolidated. The parties had arrived at an amicable settlement reduced in writing on 01.04.2025, which was placed on record. The Court found the compromise lawful, in writing, duly signed and voluntarily entered into without fear or coercion, thereby meeting the essentials of Order XXIII, Rule 3, and held the parties bound by the settlement agreement. On an unopposed submission that plaintiff Rajen Bathija's details had been inadvertently misrecorded, the Court directed that the settlement agreement be read in conjunction with his passport and OCI documents furnished in court. Both suits stand disposed of.

$~O-18 & 19

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CS(OS) 157/2020, I.A. 5098/2020 & I.A 9521/2025

RAJEN BATHIJA .....Plaintiff Through: Mr. Atul Sahi and Mr. Suryans Agarwal, Advs. versus SANJAY BATHIJA & ANR. .....Defendants Through: Mr. Agnish Aditya and Mr. Rahul Jangra, Advs. for D-1. Mr. Amit. S. Amist and Ms. Mithila Sharma, Advs. for D-2. O-19

CS(OS) 253/2020, I.A. 7939/2020 & I.A. 38407/2024 VIJAY BATHIJA THROUGH SMT BHAGWANTI ARJUN CHANDNANI .....Plaintiff Through: Mr. Amit. S. Amist and Ms. Mithila Sharma, Advs. versus SANJAY BATHIJA & ANR. .....Defendants Through: Mr. Agnish Aditya and Mr. Rahul Jangra, Advs. for D-1. Mr. Atul Sahi and Mr. Suryans Agarwal, Advs. for D-2.

CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 15.04.2025

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2025 at 14:13:33

Since the lis in CS(OS) 157/2020 and CS(OS) 253/2020 is overlapping, both suits are consolidated.

Learned counsel appearing for the parties submit that the parties are appearing through video conferencing and their identity has been verified by them.

The parties have arrived at an amicable settlement, which was reduced in writing on 01.04.2025.

The settlement agreement has been placed on record.

Learned counsel appearing for the parties contends that the suit be decreed in terms thereof.

Order XXIII, Rule 3 authorises the Court to pass a decree on a compromise wherein the parties to the dispute have made an arrangement to settle the dispute. It has been comprehensively stated in the provision that the settlement arrived at should meet the essentials laid down therein, namely, (i) the compromise is lawful (ii) it is reduced in writing (iii) it is duly signed by the parties arriving at the compromise.

The settlement has been agreed upon without fear or coercion and the parties appear to have entered into the settlement agreement on their own volition.

The Court is satisfied that the settlement has been arrived at between the parties following due procedure and meeting the essentials specified Order XXIII, Rule 3. Therefore, the parties shall be bound by the aforesaid settlement agreement.

Mr. Atul Sahi, learned counsel, submits that the details of Rajen Bathija have been inadvertently recorded incorrectly in the settlement agreement. He places on record a copy of the passport and OCI, and submits

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2025 at 14:13:33

that the details of Rajen Bathija be read as per those documents. 10. The aforesaid submissions are not opposed. Accordingly, the settlement agreement shall be read in conjunction with the documents furnished today i.e passport and OCI. Ordered accordingly. 11. Suits stand disposed of.

PURUSHAINDRA KUMAR KAURAV, J

APRIL 15, 2025/P/SPH

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2025 at 14:13:33