M/S Rakesh Kumar Sharma & Sons ... vs M/S Saraf Projects Pvt Ltd
2009 Latest Caselaw 2292 Del

*             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"