The Delhi High Court on Wednesday slapped a cost of Rs 15,000 on an applicant for filing a frivolous appeal. The applicant has been directed to deposit the cost with the website www.bharatkeveer.gov.in as a donation towards martyrs' kin.
Justice Valmiki Mehta granted the appellant four weeks time to deposit the cost with the website launched by the Ministry of Home Affairs in the year 2017 to pay homage to personnel of the Central Armed Police Forces who lay down their lives in the line of duty and to invite donations to their kin.
The court passed the order while dismissing what it termed a "completely frivolous appeal by a dishonest plaintiff" who had sought setting aside of order of the trial court by which it had disposed of a suit while accepting a settlement agreement entered between him and six others.
The high court noted that the plaintiff had entered into a settlement agreement running into eight pages before the Mediation Centre in the trial court, with each page being signed by all the parties, including the present appellant/plaintiff, and the trial court thus held that the settlement agreement is valid and consequently disposed of the suit in terms of the settlement agreement by an order dated September 18, 2018.
"Order XXIII Rule 3 CPC requires that a suit can be disposed of as per the settlement if the settlement agreement is in writing and signed by the parties. In the present case, there is a settlement agreement in writing signed by all the parties to the suit, and who are seven in number. The Settlement Agreement is not only signed by the seven parties, but the Settlement Agreement is also signed by the counsel for the appellant/plaintiff before the Mediation Centre," noted the high court.
It also noted that the trial court had rejected the allegations of fraud and misrepresentation made by the plaintiff to treat the agreement as null and void, and allowed the application of one of the defendants to pass a decree in terms of the settlement agreement.
The plaintiff then told the high court that he has not been made any payment in terms of the agreement and pressed for its enforcement rather than it being set aside.
Besides, the court noted, "[C]ounsel for the appellant/plaintiff then argued that respondent no. 6/defendant no. 6 was not properly represented, but I fail to understand how the appellant/plaintiff can have any locus to argue this issue for the respondent no. 6/defendant no. 6 when the respondent no. 6/defendant no. 6 is not questioning the Settlement Agreement himself."
Justice Mehta then dismissed the appeal with costs to be deposited with the website www.bharatkeveer.gov.in within four weeks and receipt thereof to be filed in the court within one week thereafter.
Read the Order Here