Delhi High Court
M/S Saraf Projects Pvt Ltd vs M/S. Rakesh Kumar Sharma & Sons ... on 27 May, 2009
Author: Anil Kumar
* 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
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.
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
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"
