DEED OF SETTLEMENT

This Settlement Agreement ("Agreement"), effective this ____

day of _______ 2014, is made by and on behalf of the
following entities: (i) Anju Gupta, in the capacity of the
employer/owner

for

201301(EMPLOYER)

C-152,
and

(ii)

Sector-105,
Pavan

Noida,UP-

Kumar,

Gauri

Constructions, 174 DDA SFS Flats, Pkt-1,sector- 5,

Dwarka(Contractor).

Anju Gupta and Pavan Kumar are

referred to collectively as the "Parties."

WHEREAS The Contractor has been employed by the
Employer since 5/5/2014 for construction work on C-152,
Sector-105, Noida, UP-201301 vide collaboration agreement
dated 22/5/2014.
WHEREAS the Contractor has supplied/provided
materials/services to the employer during the period from
[5/5/2014] to [21/7/2014] for construction of building at the
abovesaid property.
WHEREAS with the intervention of mediator/arbitrator
namely Dr. Indra Kumar Kasturia R/o Flat No.350, DDA SFS
Flats, Pocket-I, Sector-5, New Delhi-110075 the parties now
desire to amicably settle and finally resolve the disputes and
differences as regards to the disputes related to the
construction of building at the above said property by the

contractor and wish to enter into this Deed, which stipulates a

one-time settlement to an agreed lump sum payment, as
specified herein below, by the Employer to the Contractor
towards full and final settlement and discharge from payment
of approximate outstanding amount or any remaining parts
thereof, subject to withdrawal by the Contractor and/or
dismissal by the Court at the instance of the Contractor, of all
Legal actions, claims, complaints, charges, demands,
damages, causes of action, debts, liabilities, controversies
and/or proceedings that it/he may have initiated against the
Employer.
WHEREAS the Employer enters into this Agreement without
any admission of liability.
NOW THIS DEED OF SETTLEMENT WITNESSETH
AS FOLLOWS:
1. That the Contractor hereby, undertakes, confirms and
agrees to accept and the Employer hereby agrees to pay
to the Contractor a one-time lump sum payment of
Rs.2,00,000/-(Two lacs only) and the employer will
return the construction material to the contractor
including Steel, dust, Bajri etc. lying at the property of
employer (the Settlement Payment) on or before
__________ towards full and final settlement of any
past, present or future claims, demands, damages, debts,

interests and liabilities whatsoever, as of the date of this

Agreement, foreseen or unforeseen, known or unknown,
both at law and in equity, arising of the collaboration
agreement dated 22.05.2014 or any other claim that
could have arisen in the course of employment or
termination of employment, claimed by the Contractor
against the Employee for the materials/ services
supplied /provided included, without limitation, in the
settlement. The Settlement Sum of Rs.2,00,000/-(Two
lacs only) will be paid by the Employer to the Contractor
by

______________

issued

by___________

dated_______________.
2. That, upon payment, the all rights of the contractor
arising from Collaboration agreement dated 22/5/2014
including the right of the contractor to adequate
consideration

are

extinguished

and

the

payment

includes:a) Amount of Rs.2,00,000/- paid as remaining consideration

in lieu of services provided by the Contractor;
b) Return of construction material including Steel, dust,
Bajri etc. lying at the above said property of
employer/owner provided by the Contractor for the
construction of the building.

3. That the Contractor agrees immediately upon signature

of this Agreement, to ensure unconditionally withdrawal
and/or to secure dismissal of all legal proceedings or
cases initiated, either criminal or civil in nature,
instituted against the Employer or her associates, her
employee(s), or any person or entity acting for and on
behalf of or under instructions of the Employer to the
relevant employment tribunal(s) by the Contractor or his
partners, associates, employee(s), agents, managers or
any person or entity acting for and on behalf of or under
instructions

of

the

Contractor

arising

out

of

demands/claims for services/ products supplied/provided

to the Employer before the Effective Date or any other
claims arising out of Claimants employment with
Employer

and

the

termination

of

such

contract/agreement.
4. That the Parties agree immediately upon signature of this
Agreement to hereby mutually release and forever
discharge each other and each of their affiliates, their
respective

agents,

employees,

predecessors

and/or

successors in interest, attorneys, heirs and assigns, from

any and all matters, claims, complaints, charges,
demands, damages, causes of action, debts, liabilities,

controversies, judgments and suits of every kind and

nature whatsoever, as of the date of this Agreement,
foreseen or unforeseen, known or unknown, including
but not limited to, those arising out of demands/claims
for services/ products supplied/provided to the Employer
before the Effective Date or any other claims arising out
of Claimants employment with Employer and the
termination of such employment.
5. That the Contractor further confirms and undertakes that,
subject to payment of the Settlement Sum in terms of this
Deed, it shall not and none of its partners, associates,
employee(s), agent(s) any person or entity acting for and
on behalf of or under instructions of the Contractor shall
initiate or threaten to initiate, directly or indirectly, any
action, suit, complaint, dispute, litigation(civil or
criminal), appeal, review petition, arbitration or any other
proceeding before any court, tribunal, forum or
investigating agency against the Employer and/or other
respective Releasees, relating to the demands/claims for
services/ products supplied/provided to the Employer
before the Effective Date or any other claims arising out
of

Claimants

contract

with

Employer

and

the

termination of such contract. Subject to the payment of

the Settlement Agreement, the Contractor agrees and

undertakes that he shall not file any suit or proceedings
or appeal against the order passed by the Court
concerning

withdrawal/

dismissal

of

the

legal

proceedings initiated by the Contractor or any persons

referred above or challenge this settlement deed in view
of express statutory bar under Order XXII Rule 3A of the
Civil Procedure Code, 1908 or for any other reason
whatsoever.
6. That the Contractor binds himself not to hamper/resort to
any illegal action or actions including vandalism, threats,
destruction etc., of assets present in the property C-152,
Sector-105, Noida,UP-201301 of the Employer that may
affect the economic interests or activities of the
Employer or against the Releasees of the Employer. In
the same way the employer/owner and her family
members undertake not to resort to threats, abuses etc at
the residence/office of the contractor.
7. That the Contractor, hereby, waives any right or claim to
employment as a contractor of Employer from 25/8/2014
(the Termination Date).
8. That the Contractor warrants that [he/she] [has returned]
[OR will return by the Termination Date] [OR will return

by (insert agreed date)] all property belonging to the

Employer,

including

all

records,

correspondence,

documents and any other information and that the

Contractor will not retain any copies thereof.
9. That this Agreement sets out the entire agreement
between the parties and supersedes all prior statements,
representations, terms and conditions, warranties and
guarantees whenever given and whether orally or in
writing.
10.
That the Parties agree to perform in good faith such
acts and to prepare and execute such documents and
stipulations as are reasonably required to perform,
execute and effect the understanding and agreement
recorded here at. This Deed shall not be made party of
any proceedings or Court records unless specifically
permitted by the Employer on such terms as agreed, for
the purposes of withdrawal of legal proceedings by the
Contractor as stipulated in this Deed. Unless separately
agreed by the Employer, she does not hereby undertake
to participate in any proceedings for withdrawal or
dismissal of any legal proceedings, to be initiated by the
Contractor in terms of this Deed.

11.

This Deed constitutes a settlement and compromise

of the disputes/claims/demands and is made solely to

avoid

expensive

and

time-consuming

litigation/arbitration/ court proceedings. Neither the offer

nor acceptance of the terms and conditions of this Deed
represent an admission of liability or fault on part of any
party.
12.
This Deed will also be acknowledged as a
Discharge Letter.
13.
This Deed is made and entered into at New Delhi
and shall in all respects be interpreted, enforced and
governed under the laws of India and the courts of New
Delhi shall have exclusive jurisdiction to enforce the
terms of this Deed. This deed is made in consideration of
the

mutual

releases,

covenants

and

undertakings

hereinafter set forth, and which will all be considered to

be settled upon its execution.
14.
This Deed cannot be altered, amended, modified,
waived or superseded, in whole or in part, except by
written agreement so stating which is signed by both the
Parties to this Deed. Each person who executes this Deed
on behalf of any of the Party represents and warrants that
he is competent to execute this Deed

15.
If any term, clause or provision of this Deed shall be
judged to be invalid for any reason whatsoever, such
invalidity shall not affect the validity or operation of any
other clause of this deed and such invalid term or clause
shall be given meaning and effect as would be
permissible in terms of law closest to the intention of the
Parties recorded in this Deed.
IN WITNESS WHEREOF both the parties have set their
respective hands to this deed of settlement on the day herein
before mentioned.
WITNESSES:
1-

EMPLOYER/OWNER
(SMT. ANJU GUPTA)

2-

CONTRACTOR
(SH. PAVAN KUMAR)