* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) No.842/2009
% Date of Decision: 27.05.2009
M/s Rakesh Kumar Sharma & Sons (HUF) ......... PLAINTIFF
Through: Mr.Ravi Gupta with Mr.Ankit Jain,
Advocates with Mr.Rakesh Sharma
on behalf of Rakesh Kumar Sharma &
Sons (HUF)
Versus
M/s Saraf Projects Pvt Ltd ......... DEFENDANT
Through: Mr.Rajesh Rajora, Advocate with
Mr.Neeraj Saraf, Director of M/s.Saraf
Projects Pvt Ltd.
AND
CS(OS) No.861/2009
M/s Saraf Projects Pvt Ltd ......... PLAINTIFF
Through: Mr.Rajesh Rajora, Advocate with
Mr.Neeraj Saraf, Director of M/s.Saraf
Projects Pvt Ltd.
Versus
M/s. Rakesh Kumar Sharma & Sons (HUF) .......... DEFENDANTS
& Anr.
Through: Mr.Ravi Gupta with Mr.Ankit Jain,
Advocates with Mr.Rakesh Sharma
on behalf of Rakesh Kumar Sharma &
Sons (HUF)
CORAM :-
* HON'BLE MR. JUSTICE ANIL KUMAR
1. Whether reporters of Local papers may be allowed YES
to see the judgment?
2. To be referred to the reporter or not ? NO
3. Whether the judgment should be reported NO
in the Digest?
CS(OS) Nos.842/2009 & 861/2009 Page 1 of 5
ANIL KUMAR, J.
* IA Nos.7131 & 7130/2009 Suit no. 842/2009 is filed by M/s Rakesh Kumar Sharma & Sons (HUF) for recovery of possession from the tenant M/s Saraf Projects Pvt. Ltd. Suit no. 861/2009 is filed by M/s Saraf Projects Pvt. Ltd for direction to M/s Rakesh Kumar Sharma & Sons (HUF) to execute lease deed in favor of M/s Saraf Projects Pvt. Ltd. up to 6th January, 2013.
At the request of the counsel for the parties both the suits are taken together as they are cross suits and are consolidated. These are the applications by the parties, M/s.Rakesh Kumar Sharma & Sons (HUF) and M/s.Saraf Projects Pvt Ltd for disposing of the suit in terms of the settlement arrived at between the parties.
The terms of the settlement are incorporated in IA No.7130/2009 and 7131/2009. Under the settlement the landlord, M/s Rakesh Kumar Sharma & Sons (HUF) has undertaken to execute a lease deed in favor of M/s Saraf Projects Pvt. Ltd for a period expiring on 6th January, 2013. It has also been agreed that the possession of the premises shall be handed over by Saraf Projects Pvt. Ltd. to M/s.Rakesh Kumar Sharma & Sons (HUF) on or before 7th January, 2013 and, therefore, a decree for recovery of possession on 7th January, 2013 be passed in CS(OS) Nos.842/2009 & 861/2009 Page 2 of 5 favour of M/s.Rakesh Kumar Sharma & Sons (HUF), landlord of the premises and against M/s Saraf Projects Pvt. Ltd.
M/s.Saraf Projects Pvt Ltd has given an undertaking through its director, Sh.Neeraj Saraf contending that he is authorized to give an undertaking pursuant to a resolution passed in the meeting of Board of Directors of the said company. The company has undertaken that it shall abide with the terms of the lease deed which will be executed by M/s.Rakesh Kumar Sharma & Sons (HUF) in favor of M/s Saraf Projects Pvt. Ltd for the period upto 6th January, 2013. The company has also undertaken that it shall vacate and hand over the peaceful, physical and vacant possession of the premises to M/s.Rakesh Kumar Sharma & Sons (HUF) or its nominee on or before 7th January, 2013 on receipt of security deposit of Rs.15 lakhs from M/s.Rakesh Kumar Sharma & Sons (HUF) in accordance with the terms and conditions of the lease deed.
M/s.Rakesh Kumar Sharma & Sons (HUF) has also undertaken that a lease deed incorporating the terms of tenancy shall be executed in favour of defendants within two weeks. M/s.Rakesh Kumar Sharma & Sons (HUF), through Sh.Rakesh Sharma has also undertaken to refund the security deposit of Rs.15 lakhs at the time of vacation of the suit premises by M/s.Saraf Projects Pvt Ltd on or before 7th January, 2013.
CS(OS) Nos.842/2009 & 861/2009 Page 3 of 5
The company has also undertaken that it will not sublet or part with the possession of the whole or part of the suit premises to anyone. The company has also undertaken to pay the rent to M/s.Rakesh Kumar Sharma & Sons (HUF) in accordance with the terms of the lease deed.
The applications filed by the parties are signed by the parties and their respective counsel and is also supported by the affidavits of the parties.
There doesn't seem to be any impediment in allowing the settlement between the parties.
Consequently, the applications are allowed.
CS(OS) No.842/2009 & CS(OS) No.861/2009 At the request of learned counsel for the parties both the suits are consolidated.
The parties have settled their disputes. Consequently, the suit of M/s.Rakesh Kumar Sharma & Sons (HUF) for recovery of possession, CS(OS) 842/2009 is decreed and the suit filed by M/s.Saraf Projects Pvt Ltd (CS(OS) No.861/2009) is also disposed of in terms of the settlement CS(OS) Nos.842/2009 & 861/2009 Page 4 of 5 arrived at between the parties. The undertakings of the parties to comply with the terms of settlement are accepted. Decree sheets be drawn in terms of the settlement where IA Nos.7131/2009 and 7130/2009 shall form part of the decree. All the pending applications are also disposed of. Parties are also left to bear their own costs.
MAY 27, 2009 ANIL KUMAR, J.
"K"
CS(OS) Nos.842/2009 & 861/2009 Page 5 of 5