Mr Puneet Saxena Vs Mr Piyush Saxena — Delhi HC (2025) — LawSathi Research

Mr Puneet Saxena Vs Mr Piyush Saxena — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Compromise decree passed in terms of the settlement dated 24th January 2025; 50% of court fees to be refunded to the plaintiff under Section 16A of the Court Fees Act, 1870; Branch Managers of Punjab National Bank (Preet Vihar Branch) and Axis Bank (Swasthya Vihar Branch) may defreeze the lockers/accounts of Late Mr. Gopal Krishna Saxena and/or Late Mrs. Vinita Saxena and provide access to the parties on presentation of Identity Cards to divide the articles/valuables/cash per the settlement; certified copy of the order to be furnished to the respective Bank Managers; suit disposed of.

Issue for consideration

Whether a compromise decree should be passed in terms of the settlement dated 24th January 2025 under Order XXIII Rule 3 CPC.

Court's answer

The Court perused the settlement dated 24th January 2025 and found it lawful and acceptable; counsel for the parties confirmed its execution and the parties are bound by its terms.

Ratio / Principle

A decree was passed in terms of the settlement dated 24th January 2025.

Key takeaways

It was directed that the Branch Managers of Punjab National Bank, Preet Vihar Branch, Delhi-110092 and Axis Bank, Swasthya Vihar Branch, Delhi-110092 may defreeze the lockers/accounts of Late Mr. Gopal Krishna Saxena and/or Late Mrs. Vinita Saxena and provide access to the parties, Mr. Puneet Saxena and Mr. Piyush Saxena, on presentation of their respective Identity Cards, to divide the articles/valuables/cash in the said lockers in terms of the settlement; certified copy of the order to be furnished to the respective Bank Managers.ratio¶21
50% of the court fees was directed to be refunded to the plaintiff in terms of Section 16A of the Court Fees Act, 1870.ratio¶17

Detailed headnote1 paragraphs

High Court of Delhi (Anish Dayal, J.), order dated 20.02.2025 in CS(OS) 259/2023: On a joint application (I.A. 4607/2025) by plaintiff Mr. Puneet Saxena and defendant Mr. Piyush Saxena under Order XXIII Rule 3 CPC, the Court perused the settlement dated 24th January 2025, found it lawful and acceptable, and passed a decree in terms of the settlement, binding the parties to its terms. 50% of the court fees was ordered refunded to the plaintiff under Section 16A of the Court Fees Act, 1870. On the settlement terms, the Branch Managers of Punjab National Bank, Preet Vihar Branch, Delhi-110092 and Axis Bank, Swasthya Vihar Branch, Delhi-110092 were directed that they may defreeze the lockers/accounts of Late Mr. Gopal Krishna Saxena and/or Late Mrs. Vinita Saxena and provide access to the parties on presentation of their respective Identity Cards, enabling division of the articles/valuables/cash therein according to the shares recorded in the settlement; certified copies were to be furnished to the Bank Managers. The suit was disposed of.

$~24

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CS(OS) 259/2023 I.A. 8121/2023 I.A. 19110/2023

MR PUNEET SAXENA .....Plaintiff

Through: Mr. Aman Varma, Ms. Riya Wasade, Advs.

versus

MR PIYUSH SAXENA .....Defendant Through: Mr. Pankaj Chaudhary, Adv.

CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 20.02.2025

I.A.4607/2025 (Application under Order XXIII Rule 3 CPC )

This application has been filed jointly by plaintiff and defendant under Order XXIII Rule 3 CPC, for compromise decree to be passed in terms of the settlement dated 24^th January 2025, arrived at, between the parties.

The settlement is on record of this Court. The said settlement has duly been signed by both the parties.

Court has perused the settlement and finds it to be lawful and acceptable.

Counsel for parties confirm the execution of settlement. Parties shall be bound by the terms of settlement.

The decree is passed in terms of settlement dated 24^th January 2025.

50% of Court Fees may be refunded to plaintiff in terms of Section

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 01/07/2025 at 11:52:59

16A of the Court Fees Act, 1870.

Further, a prayer has been made for directing the Branch Manger of Punjab National Bank, Preet Vihar Branch, Delhi-110092 and Axis Bank, Swasthya Vihar Branch, Delhi-110092 , to defreeze the locker, in the name of Late Mr. Gopal Krishna Saxena and / or Late Mrs. Vinita Saxena . 8. It has been agreed as part of the settlement, that the articles and valuables/cash in the said lockers, shall be divided as per the shares mentioned in the said settlement.

Counsels for parties’ state that the parties shall approach respective Bank Managers for allowing access to the said lockers to share the articles/valuables/cash in terms of the settlement. 10. Accordingly, it is directed that the Branch Managers of Punjab National Bank, Preet Vihar Branch, Delhi-110092 and Axis Bank, Swasthya Vihar Branch, Delhi-110092 , may defreeze the accounts of Late Mr. Gopal Krishna Saxena and / or Late Mrs. Vinita Saxena , as well as provide access to the parties, namely, Mr. Puneet Saxena and Mr. Piyush Saxena, on presentation of their respective Identity Cards, in order to allow them to divide the articles/valuables/cash in the said lockers.

Certified copy of this order shall be furnished by the parties to the respective Bank Managers.

Accordingly, the suit is disposed of.

ANISH DAYAL, J

FEBRUARY 20, 2025/ ak/ kp

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 01/07/2025 at 11:52:59