Jyoti Chadha vs Karan Chadha

CM No. 35725/2017 (joint application by the parties in terms of the settlement arrived at dated 20.9.2017)

On 20.09.2017, the parties had agreed to settle their inter se disputes by arriving at a One-Time Settlement. The terms and conditions of the

settlement arrived at between the parties were recorded in para 3-7 of the order dated 20.09.2017. In acknowledgement, both the parties had affixed

their signatures on the ordersheet along with their respective counsels. One of the terms and conditions of the settlement was that the parties will file

their respective affidavits accepting the conditions recorded in the order dated 20.09.2017 and acknowledging inter alia that the same is towards full

and final settlement of all the claims and disputes pending between them.

Pursuant to the aforesaid order, the present joint application has been filed by the parties. The terms and conditions of the settlement has been

recorded in para 2 of the application. Both the parties state that they shall abide by the said terms and conditions of the settlement and there shall be in

no default.

Learned counsel for the parties jointly state that it has been recorded (in para 2(d) of the present application) that the parties shall jointly operate

locker No.15, Allahabad Bank, Janak Puri, New Delhi within 10 working days from today and the appellant shall be entitled to remove and keep with

her the entire jewellery/contents of the said locker which is worth Rs.70 lakhs (approx). The respondent has undertaken that neither he nor any

member of his family shall lay any claim or title on the said jewellery/contents of the locker. Learned counsel for the parties state that it may be

clarified that once the locker is jointly operated by the parties and the contents thereof are removed and handed over to the appellant, they shall

simultaneously surrender the said locker on the respondent paying the outstanding locker rent and the keys shall be handed over to the Bank Manager

on the same date. Ordered accordingly. The security deposit for the said locker, if any, shall be released by the Bank in favour of the respondent, after

completion of necessary formalities.

Further, though it has not been recorded in the application, learned counsel for the appellant requests that the respondent be directed to furnish the

relevant details of the Life Insurance Policy taken out in favour of the appellant, to enable her to make up the defaults in the premium for its revival.

Learned counsel for the respondent states that the relevant information shall be furnished to the other side within two weeks from today.

We have perused the present application. The same is in terms of the settlement recorded on 20.09.2017 with some additional clauses with regard

to default in payment of instalment. Both the parties, who are present in Court, confirm having arrived at the aforesaid settlement of their own free

will and volition and without any undue influence or coercion and request that the appeal may be disposed of in terms thereof.

The present application has been signed by the appellant and the respondent as also their respective counsels and duly supported by their affidavits.

In view of the fact that a settlement has been arrived at between the parties of their own free will and volition and without any undue influence or

coercion, there appears in impediment in accepting the same. The application is accepted. The parties shall remain bound by the terms and conditions

of the settlement recorded therein and above.

The application is allowed and disposed of.

MAT.APP.(F.C.) 13/2014

In view of the order passed above, the present appeal is disposed of while leaving the parties to bear their own costs.