Final Order 13

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 799/25
VIRENDER DAHIYA Vs. REEMU SETH BHAMBI & ANR
01.10.2026
Present: Ms. Dhriti Chhabra, Ld. counsel for the plaintiff alongwith
plaintiff Sh. Virender Dahiya.
Sh. Lakshay Yadav, Ld. Counsel for both the defendants
alongwith both the defendants.
Matter is listed today for report of settlement.
Present matter has been received by way of transfer from the
Court of the then Ld. District Judge (Commercial Court)-09, Central, THC
(since abolished), vide Order No. 73105-141/F.3(4)/Gaz(C)/2026 dated
17.09.2026 of Ld. Principal District and Sessions Judge, (HQ), Delhi.
At this stage, Ld. Counsel for the plaintiff has filed fresh
vakalatnama on behalf of the plaintiff. Further, Ld. Counsel for the parties
have also filed joint application under Order XXIII Rule 3 r/w section 151
CPC for recording settlement and passing decree in terms thereof.
Ld. counsels for parties as well as parties submit that matter
has been settled between the parties in the Mediation and Conciliation
Centre of High Court of Delhi on 18.09.2026.
Mediation settlement Agreement dated 18.09.2026 as entered
between the parties before the Samadhan, High Court of Delhi, Mediation
and Conciliation Centre, High Court of Delhi dated 18.09.2026 has already
been received alongwith Annexure A to C i.e. Indemnity Bond, Affidavit
cum undertaking by plaintiff Sh. Virender Dahiya and Copies of public
notice as published in Times of India and Navbharat Times, both dated
12.08.2026. As per mediation settlement dated 18.09.2026, the present
matter i.e. CS (COMM) 799/2025 and another connected matter i.e.
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Counter Claim No. 49/2025 have been settled between the parties for sum
of Rs. 5,50,000/-(Rupees Five Lakh Fifty Thousand only) to be paid by
defendants to plaintiff by way of Demand Draft drawn in the favour of the
plaintiff. Further, as per the above mediation settlement, parties shall jointly
file an application under order XXIII Rule 3 CPC in both the cases i.e CS
(COMM) 799/2025 and another connected matter i.e. Counter Claim No.
49/2025 and place the agreement on record and praying for decree to be
passed in terms thereof.
At this stage, defendants have given the original Demand Draft
bearing No. 167704 dated 10.09.2026 for sum of Rs. 5,50,000/- (Rupees
Five Lakh Fifty Thousand only) in favour of Sh. Virender Dahiya drawn
on State Bank of India, Personal Banking Branch, New Delhi to the plaintiff
Sh. Virender Dahiya and who has accepted the said demand draft as full and
final settlement between the parties.
The Mediation settlement report dated 18.09.2026 entered
between the parties at Samadhan, Mediation and Conciliation Centre, High
Court of Delhi alongwith Indemnity Bond, Affidavit cum undertaking by
plaintiff Sh. Virender Dahiya and Copies of public notice as published in
Times of India and Navbharat Times, both dated 12.08.2026 as annexed
with the mediation settlement report dated 18.09.2026 are now exhibited as
Ex. X-1 (colly) and joint application under Order XXIII Rule 3 r/w section
151 CPC as Ex.X-2.
Ld. Counsel for the parties as well as both the defendants and
plaintiff submit that since the present matter has been settled between the
parties in Samadhan, Mediation and Conciliation Centre, High Court of
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Delhi and therefore, the present matter may be disposed of as settled in
terms of mediation settlement dated 18.09.2026 Ex. X-1 (colly) and joint
application under Order XXIII Rule 3 r/w section 151 CPC as Ex.X-2 and
consent decree may be passed in terms of mediation settlement dated
18.09.2026 Ex. X-1 (colly) and joint application under Order XXIII Rule 3
r/w section 151 CPC as Ex.X-2.
Separate statement of Plaintiff and both the Defendants have
been recorded in this regard.
Thus, in view of above submissions of Ld. Counsels for parties
and statement of Plaintiff and both the Defendants, the present matter is
disposed of as settled and decreed in terms of mediation settlement dated
18.09.2026 Ex. X-1 (colly) and joint application under Order XXIII Rule 3
r/w section 151 CPC as Ex.X-2.
The Plaintiff is entitled for refund of entire Court Fees.
Decree sheet be prepared accordingly.
File be consigned to record room.
(LAL SINGH)
District Judge (Commercial Court)-09
Central District, Tis Hazari Courts /Delhi
01.10.2026(k)
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