2018 (1) TMI 828

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....overy of Rs. 15,50,000/-. The trial court decreed the suit for the sum of Rs. 15,50,000/- along with interest @ 12% per annum from the date of filing of the suit till realization. Plaintiffs' case 2. The case of the Plaintiffs is that they are permanent residents of London, UK and had appointed the Defendant No. 1 as their agent for taking care of their properties etc. and their affairs in India. Accordingly, they had executed a Special Power of Attorney in the name of the Defendant No. 1 on 6th October, 2011. They cancelled the same on 21st December, 2013, after they suspected that the Defendants were indulging in suspicious transactions and were breaching their fiduciary duties. 3. The Plaintiffs claimed to have paid a sum of Rs.....

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....arties. The said settlement agreement had fructified during the course of the complaint under Section 138 of the NI Act, which was referred to mediation. The said settlement proceedings were conducted under the auspices of the mediation centre at the Rohini courts. The finding of the trial court in this regard is set out below: "10. It is pertinent to mention that another criminal complaint under section 138 of the Negotiable Instruments Act, 1881 on the said cheque was also pending in the court of Ld. Metropolitan Magistrate, Rohini Courts, Delhi wherein mediation proceedings were taken place and as per the settlement/agreement dated 09.01.2015 in the Mediation Centre, in para no.l, it has been amicably settled between the parties th....

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....996) shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of that Act; (b) to Lok Adalat, the Court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal Services Authority Act, 1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat under the provisions of that Act; (c) for judicial settlement, the Court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal Services Authority Act, 1987 (39 of 1987) shall apply as if the dispute were....