In case of a settlement, direction issued to the appellant to accept the said amount without prejudice to the rights and contentions and reserving the rights of the appellant to claim his further amount before the appropriate forum. The aforesaid has been established by the Delhi high Court ion the case of JVL Electronics, Thanjavur v. Samsung India Electronics Pvt. Ltd [FAO 144/2021] which was decided by the single judge bench comprising Justice Sanjeev Sachdeva on 19th July 2021.
The facts of the case are as follows. Appellant had sought stay of the termination letter and had sought permission to continue as the dealer of the respondent. Learned counsel for the Appellant submits that during the pendency of these proceedings, subsequent events have occurred whereby the respondent have taken back certain stocks and offered to pay a sum of Rs. 7,40,705.84 by their e-mail dated 17.05.2021 to the appellant in full and final settlement of all his claims. Learned counsel for the respondent submitted that on further reconciliation of the accounts, a sum of Rs. 7,48,262.27 is being offered to the appellant. He submitted that said payment is being offered without prejudice to the rights and contentions of the parties and with a view to resolve the disputes. He further submitted that in case appellant has any further claim, appellant may agitate the same before the appropriate forum.
Learned counsel for the appellant submitted that appellant would accept the said amount without prejudice to the rights and contentions and reserving the rights of the appellant to claim his further amount before the appropriate forum. Further, learned counsel for the parties prayed that parties may be given liberty of resolving their disputes through mediation and pray that parties be referred to mediation.
Keeping in view the facts and arguments presented, the court declared that “appeal is disposed of with a direction to respondent to pay a sum of Rs. 7,48,262.27 within a period of four weeks from today. It is clarified that this payment would be without prejudice to the rights and contentions of the parties and all rights of the appellant to claim further amount in accordance with law would be reserved and this would be also subject to the rights of the respondent to defend such claims, if any, raised. 10. Further in view of the request of the parties, parties are referred to the Delhi High Court Mediation & Conciliation Centre. Parties shall appear before the mediator through video conferencing.”