Manoj Bajaj & Anr. Vs Harish Bajaj & Ors. — Delhi HC (2025) — LawSathi Research

Manoj Bajaj & Anr. Vs Harish Bajaj & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application I.A. 18116/2025 disposed of; suit decreed in terms of the joint application and the Memorandum of Family Settlement dated 26th May, 2025, which form part of the decree; all pending applications disposed of; Joint Registrar date of 12th August, 2025 cancelled; Registry directed to issue certificate of refund of 100% court fees to the plaintiffs under Section 16 of the Court Fees Act, 1870 read with Section 89 CPC.

Issue for consideration

Whether the joint application under Order XXIII Rule 3 CPC for recording of the settlement arrived at in mediation should be accepted, i.e., whether the terms of the Memorandum of Family Settlement are lawful and the suit should be decreed in terms thereof.

Court's answer

Having gone through the terms of settlement, the Court found them to be lawful and held the parties bound by the terms of the settlement.

Ratio / Principle

In view of the order passed in I.A. 18116/2025, the suit CS(OS) 853/2023 was decreed in terms of the joint application and the Memorandum of Family Settlement dated 26th May, 2025, and the settlement and application form part of the decree.

Key takeaways

Since the matter was settled between the parties in mediation proceedings, the Registry was directed to issue a certificate of refund of 100% of the Court Fees in favour of the plaintiffs, in terms of Section 16 of the Court Fees Act, 1870 read with Section 89 of the Code of Civil Procedure, 1908.ratio¶24

Detailed headnote1 paragraphs

Delhi High Court (Amit Bansal, J.; order dated 01.08.2025) in CS(OS) 853/2023: On a joint application (I.A. 18116/2025) under Order XXIII Rule 3 CPC by the plaintiffs (Manoj Bajaj & Anr.) and defendants (Harish Bajaj & Ors.), the Court recorded the settlement arrived at in mediation before the Delhi High Court Mediation and Conciliation Centre, embodied in a Memorandum of Family Settlement dated 26th May, 2025 signed by the parties and supported by affidavits. Finding the terms of settlement lawful, the Court decreed the suit in terms of the settlement, which together with the application forms part of the decree; disposed of all pending applications; cancelled the Joint Registrar hearing fixed for 12th August, 2025; and directed the Registry to issue a certificate of refund of 100% of the Court Fees to the plaintiffs in terms of Section 16 of the Court Fees Act, 1870 read with Section 89 of the Code of Civil Procedure, 1908.

$~48

IN THE HIGH COURT OF DELHI AT NEW DELHI I.A. 18116/2025 IN

- CS(OS) 853/2023

MANOJ BAJAJ & ANR. .....Plaintiffs Through: Mr. Anurag Lakhotia & Mr. Udit Dwivedi, Advocates.

versus

HARISH BAJAJ & ORS. .....Defendants Through: Mr. Akshay Sahay, Advocate for D-2 & 3.

CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 01.08.2025

I.A. 18116/2025 ( u/O XXIII Rule 3 of CPC)

This application has been filed jointly on behalf of the parties under Order XXIII Rule 3 of the CPC for recording of settlement.

The parties have settled their disputes in mediation proceedings before the Delhi High Court Mediation and Conciliation Centre.

The terms of settlement have been recorded in the Memorandum of Family Settlement dated 26^th May, 2025, which bears the signatures of the parties, and has been filed along with the present application.

The application has been duly signed by the parties and is supported by their respective affidavits.

I have gone through the terms of settlement and find the same to be lawful.

Page 1 of 2

CS(OS) 853/2023

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 06/08/2025 at 12:01:03

The parties shall remain bound by the terms of the settlement.

Application stands disposed of.

CS(OS) 853/2023

In view of the order passed above in I.A. 18116/2025, the present suit is decreed in terms of the aforesaid application and the Memorandum of Family Settlement dated 26^th May, 2025. The aforesaid settlement and the application shall form part of the decree.

Decree sheet be drawn up in above terms.

All pending applications stand disposed of.

The date already fixed before the Joint Registrar, i.e. 12^th August, 2025, stands cancelled.

Since the matter has been settled between the parties in mediation proceedings, the Registry is directed to issue a certificate of refund of 100% of the Court Fees in favour of the plaintiffs, in terms of Section 16 of the Court Fees Act, 1870 read with Section 89 Code of Civil Procedure, 1908.

AMIT BANSAL, J

AUGUST 1, 2025/ at

Page 2 of 2

CS(OS) 853/2023

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 06/08/2025 at 12:01:03