Delhi High Court
Harichintan Singh Malik And Anr. vs Samarjit Singh Malik And Ors. on 30 May, 2008
Author: B D Ahmed
Bench: B D Ahmed
JUDGMENT
Badar Durrez Ahmed, J.
1. This is an application in a partition suit. The preliminary decree was passed on 28.5.2007. Thereafter, the property was directed to be sold. Unfortunately, for one reason or the other, it could not be sold. Now, after going through the process of mediation, the parties have arrived at a compromise and have settled their disputes with regard to the sale of the property. The parties agree and undertake to sell the entire suit property bearing No. 4, Bhagwan Das Road, New Delhi-110001 admeasuring 2.8 acres approximately to Greatway Estates Ltd., having its registered office at H-65 Connaught Circus, New Delhi - 110001 through its authorized Director, Shri Amar Sarin, for a total sum of Rs 210 crores.
2. The terms of the sale are set out in detail in the application in paragraphs 1 (a) to 1 (j). The same need not be repeated herein. All the parties have undertaken to abide by the said compromise. The counsel for the parties pointed out that there is a typographical error in paragraph 1(h) (c) and the words "defendant No. 2" ought to be read as "plaintiff". The counsel for the parties are permitted to carry out the said correction in this application under their signatures. The said application be read with the said correction.
3. The learned Counsel for the parties have been authorized by virtue of paragraph 3 of the application to make statements before Court accepting the said compromise. The defendant No. 2 (Mr Baljit Malik) is present in Court. The counsel for all the parties are also present in Court and all of them endorse the compromise. This application has been signed by the plaintiff, the defendant No. 1 and the defendant No. 2 as also by their respective counsel. Affidavits of the plaintiff, defendant No. 1 and the defendant No. 2 as well as of the said Mr Amar Sarin have been filed in support of this application. This application be marked as "Ext. C-1".
4. The following cheques, all drawn on State Bank of India, have been handed over by Mr Tanuj Khurana, who appears on behalf of the buyer Greatway Estates Ltd, to the counsel for the following persons who acknowledged receipt of the same:
Sr. No. Cheque No. Cheque date In favour of: Amount in Rupees
1 733428 29.5.2008 Defendant No. 1 8,40,00,000/-
2 733426 29.5.2008 Defendant No. 2 6,30,00,000/-
3 733427 29.5.2008 Plaintiff 6,30,00,000/-
4 733465 30.5.2008 Defendant No. 2 16,00,00,000/-
5. I have examined the terms of the settlement/compromise arrived at between the parties and I am satisfied that the same are lawful. The settlement/compromise is taken on record. The suit is decreed in terms thereof. The formal decree be drawn up. Ext. "C-1" shall form part of the decree. No costs.
6. The keys of the ground floor of the suit property which are with this Court, shall be handed over to Greatway Estates Ltd through its counsel Mr Tanuj Khurana. In case the keys of the ground floor of the suit property are not available with the Registry, the said buyer is permitted to break open the locks and take possession of the ground floor of the suit property.
7. Because the settlement has been arrived through mediation, in view of the provisions of Section 16 of the Court Fees Act, 1870, the plaintiff shall be entitled to a certificate from the Court authorizing him to receive back from the Collector of Stamps, the full amount of the fee paid in respect of the plaint. Such a certificate be issued.
This application, the suit and all pending applications stand disposed of.
