DELHI MEDIATION CENTRE
/ KARKARDOOMA COURTS, DELHI
Mediation Case No:
CC No.
Name ofParties:
Name ofthe Referral Court: -
NDOH before Ld. Referral -
Court
.2023-
Present:
1. Reference
The above-said matter under sections 138 & 142 of
the Negotiable Instruments Act has been received for mediation
from the Court of _____ Karkardooma Courts, Delhi.
2. Mediation Proceedings
After introducing and explaining the concept and
benefits of mediation, the matter has been discussed with the
parties in several sessions/ joint session/joint and single sessions
in cordial atmosphere.
3. Background of the Case
As stated by parties, the brief facts of the case in
hand are that the respondent issued the cheque(s) in question in
favour of the complainant towards repayment of the outstanding
amount. The said cheque(s) was/were dishonoured, which led to
issuance of legal notice and non compliance of the terms thereof,
PagoNo.1/6
■
. f the aforesaid case under section 138 of the
led to fil11ng o
Negotiable Instruments Act against the respondent.
Connected Case b
4_
It is stated by the parties that except the a ove-
mentioned case, no other litigation is pending between them qua
the subject-matter of the present case.
OR
It is stated by the parties that except the above-
the
mentioned case, the following cases are pending between
parties:
•
1. Case No . - -, pending before the Court of _ _
and its next date of hearing is _ __
5. Applicability/Non-applicablity of the present
settlement to the Connected Case
The present settlement shall be applicable to the
e,
case in hand as well as to the connected matter mentioned abov
w.
however, subject to terms and conditions mentioned hereinbelo
6. Terms & Schedule of Settlement
After understanding the process of mediation, the
parties have arrived at an amicable settlement on the terms and
conditions as under:-
1. The complainant has amicably settled the above-said
matter with the respondent for a total sum of
Rs. _ _ _ _ (__ __ rupees only) towards
full and final settlement of the present case & other
connected case(s) as referred to above.
u. In pursuance of the settlement, the respondent has
already paid Rs. _ _ _ by way of cash/electronic
mode to the complainant and it is agreed between
PageNo.216
the parties that the rema1n1ng amount of
Rs. ___ shall be paid by respondent by
___ _ to the complainant.
QR
111. It is further agreed between the parties that in
pursuance of the present settlement, the respondent
shall make the payment of the settled amount in one
go before Ld. Referral Court through any electronic
mode.
QR
1v. It is further agreed between the parties that the
respondent shall make the above remaining amount
in _equ al monthly installments (EMis) of
Rs.___ _/- each from _ _ _ onwards
through elec in cordial atmosphere.
v. 3. Background of the Casetronic mode in
the saving bank account no. _ _ _ _ _in the
th
name of _ _ _ _ with _ _ _ Bank by 7 of
each English calendar month and last installment
will be paid on or before 7 of ___ _(month),
th
_ _(year).
QR
v1. It is further agreed that the respondent has handed
over __ post dated cheques (PDCs) to the
AR/complainant and assures that the said cheques
would be honored on presentation as per their due
date. The details of the PDCs are as below·'
I -
S. No. Date (on or Amount (in Rupees)
/before)
PageNo.3/6
2.
3.
4.
5.
6.
7• __ L
'--- I
7. Default Clause/Penalty/Breach
It is also agreed between the parties that in case of
any default in payment of monthly installments for any reason
whatsoever, the complainant shall have right to recover the entire
outstanding amount along with penalty of Rs. __ _ on each
defaulted installment over and above the settled amount, as
fine in terms of section 431 read with section 421 Cr.P.C. and he
shall also be liable for contempt proceedings under section 2(b)
of the Contempt of Courts Act, 1971 for violation thereof.
8. No liability
It is further agreed between the parties that after the
parties act upon the terms of the present settlement, both the
parties shall be left with no claim, whatsoever in nature, with
respect to the above-said matter &/or connected case(s) as
referred to above and shall not file any case whatsoever on the
same subject matter in future.
9. Schedule of Withdrawal of pendin~ case
It is further agreed between the parties that after
receipt of the first-three installments in terms of the present
settlement or as per the directions of Ld. Referral Court, the
complainant shall give necessary statement before the learned
PageNo.4/6
I
. court qua the amount received and compounding of the I
izeferf8 1
I
a: ce /withdrawing himself from the prosecution.
o11en
1o. free Consent of the parties
The parties, unequivocally declare that they have
executed this agreement voluntarily, after fully understanding and
appreciating the contents, scope, and effect thereof, as well as the
consequences of the breach thereof. They further declare that
they are signing this agreement voluntarily after examining all
probabilities and implications thereof and without any kind of
force, pressure, undue influence, misrepresentation, or mistake
(both of law and fact), in any form, whatsoever, from any quarter.
They undertake that they shall abide by and be bound by the
agreed terms/stipulations of this settlement agreement.
RO&AC
() ()
Complainant Respondent
(Aadhar Card No. (Aadhar Card No.
)
Identified by:
() ()
Learned counsel for Learned Counsel for
complainant respondent
(Enrollment No. (Enrollment No.
DI____) DI_ _..)
The contents of the present settlement have been
explained to the parties in the vernacular language i.e. Hindi.
PageNo.5/6
e pa rties appe ar be fore Ld . Referral Court on
Let th
2:00 PM . fo r conf inna tio n of the settlement.
-- = -= - at
this settlem en t be prov ided to both the
Copy of
cost.
parties against receipt, free of
