Captain Ashish Berry v. The Kingfisher Airlines Ltd

ORDER %

17.05.2013 LA. 1307/2013 in CSrOS^ 2981/2013 LA. 1308/20L3 in CS(OS) 2983/2013 Today, learned counsel for parties have handed over in Court the SettlementAgreementsdated04'*^ April,2013. The sameare takenon record. CS(OS) Nos. 2981/2012&2983/2012 P^Se1of3. Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. Present two suits have been filed for recovery under Order XXXVII CPC. On 28^ January, 2013, with consent of parties, present suits were referredto the Delhi High CourtMediationand ConciliationCentre. Mediationin presentcaseshas beensuccessfulthroughthe effortsof Mr. Mohd. Anis Ur Rehman, Advocate-Mediator. The SettlementAgreementsdated 04^*^ April, 2013 have been executed between the parties in both the suits. This Court is satisfied that the compromise between the parties contained in the aforesaid SettlementAgreements satisfies the requirements of Order 23 Rule 3 CPC. The compromisecontainedin the aforesaidSettlement Agreementsis lawfuland therefore,this Courtdoes notfmd any impedimentin decreeing the suits in terms of the aforesaid Settlement Agreements. It is pertinent to mention that the Supreme Court in Afcons Infrastructure Ltd. Vs. Cherian Varkey ConstructionCo. (P) Ltd., (2010) 8 see 24 while dealingwith Section89 of the CPC observedthat the settlement agreement will have to be placed before the Court for recording it and disposingof the suit in its terms and the Court should apply the principleof Order 23 Rule 3 of the CPC and make a decree in terms of the settlement m regardto the subjectmatterofthe suit,to make suchsettlementeffective. Consequently,presentsuits are decreedin terms of aforesaidSettlement Agreements dated 04^'' April, 2013. Registry is directed to prepare decree sheets in terms thereof CS(OS)Nos. 2981/2012&2983/2012 page2 of3. Since the present cases have been settled before the Delhi High Court and MediationCentreprior to the issues being framed, Registryis directedto issue certificates authorisingthe plaintiffs to receive back from the Collector the full amountof Court-feepaidbythemin respectof the presenttwo suits. With the aforesaid observations, present applications are allowed and suits andpendingapplicationsare disposedof. The nextdate ofhearingi.e. 12^^ August,2013 iscancelled. MANMOHAN, J MAY 17, 2013 js CS(OS)Nos. 2981/2012&2983/2012 page3of3.

r 1- 9&10 * IN THE HIGH COURT OF DELHI AT NEW DELHI 9. + CS(OS) 2981/2012 CAPTAIN ASfflSH BERRY Plaintiff Through:Mi*. JasmeetSingh,Advocatewith Mr. Saurabh Tiwari, Advocate. versus THE KINGFISHER AIRLINES LTD Defendant Through:Ms. PriyambadaMishra,Advocate. And 10. + CS(OS) 2983/2012 CAPTAIN RISHI RAJ CHATTERJEE Plaintiff Through:Mr. JasmeetSingh,Advocatewith Mr. Saurabh Tiwari, Advocate. versus THE KINFISHER AIRLINES LTD ..... Defendant Through:Ms. PriyambadaMishra,Advocate. CORAM: HON'BLE MR. JUSTICE MANMOHAN