BVG INDIA LTD Vs. NAVIN SAINI

JUDGEMENT

(1.) The present petition has been filed against the order dated 22 nd April, 2019, by which the application under Section 151 CPC filed by the Petitioner/Defendant (hereinafter, "Defendant") herein has been dismissed. The short point in this case is whether the disputes between the parties in respect of both agreements i.e. 22nd September, 2009 and 20th June, 2011 were settled vide settlement agreement dated 5th December, 2016 entered into before the Mediation Centre.

(2.) According to ld. counsel for the Petitioner, the claim of the Plaintiff/Respondent (hereinafter, "Plaintiff") was raised initially in a legal notice, wherein certain amounts were claimed under both the agreements. In response thereto, the Defendant had stated that no amounts were due, and in fact, the Defendant was to recover certain amounts from the Plaintiff. Thereafter the suit came to be filed by the Plaintiff i.e. Shri Navin Saini. In the said suit, a settlement agreement, was entered into which reads as under:-

(3.) The portion in bold above has been written in hand in the settlement agreement and is initialled by the Plaintiff. The same is, however, not countersigned, either by the Defendant or by the ld. Mediator. Thus, a dispute had arisen as to whether only the dispute in the suit was settled or whether all the disputes arising under both agreements between the parties, were settled.