Delhi High Court
Pawan Kumar Sharma vs Kanti Devi & Ors . on 23 April, 2015
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 392/2012
Decided on 23.04.2015
IN THE MATTER OF :
PAWAN KUMAR SHARMA ..... Plaintiff
Through: Mr.A.P.Singh, Advocate with plaintiff
in person
versus
KANTI DEVI & ORS . ..... Defendants
Through: Mr. V.P.Singh Bidhuri, Advocates
with defendants in person
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (Oral)
1. On the last date of hearing, counsels for the parties had sought
time to file a Settlement Agreement, but it has not been filed.
2. Today, counsels for the parties jointly hand over a Settlement
Deed dated 16.4.2015, executed by the plaintiff and all the
defendants. They state that after a preliminary decree was passed on
19.1.2015, whereunder the plaintiff and the defendants No.1 to 4
were declared as entitled to 1/5th share each in premises bearing
No.477, near Vatsalaya Mandir, Jawala Nagar, Shahdara, Delhi and a
Local Commissioner was appointed to report as to whether the suit
premises could be partitioned by metes and bounds, the parties were
able to negotiate a settlement.
3. As per the terms of the settlement arrived at between the
parties, the plaintiff has agreed to receive a sum of `15,20,000/- from
the defendants for relinquishing his 1/5th undivided share in the suit
premises in their favour. It is accepted that out of the aforesaid
amount of `15,20,000/-, the plaintiff had received a post dated cheque
of 21.4.2015 for a sum `2,00,000/- from the defendants which has yet
to be presented for encashment. Learned counsel for the defendants
undertakes on behalf of his clients that as and when the aforesaid
cheque of `2,00,000/- shall be presented by the plaintiff, the same
shall be duly honoured.
4. As for the remaining amount of `13,20,000/-, it has been agreed
that the said amount shall be paid by the defendants to the plaintiff in
three instalments, by August 2015. Though there is no mention in the
Settlement Deed with regard to the dates on which the balance
amount shall be payable in three instalments to the plaintiff, the
parties as also their counsels agree that the defendants shall pay the
first instalment of `5,00,000/-, to the plaintiff on or before
20.5.2015; the second instalment of `4,10,000/-, on or before
20.7.2015 and the last and final instalment of `4,10,000/-, on or
before 30.8.2015. It is agreed by the defendants that if they commit
a default in paying any of the instalments within the timeline agreed
upon and recorded hereinabove, they shall pay interest to the plaintiff
on the outstanding instalment, @ 12% p.a. and in case of two
consecutive defaults, the plaintiff shall be entitled to forfeit the
amounts already received and seek revival of the present suit. The
remaining terms and conditions of the settlement have been recorded
in paras 5 to 10 of the Settlement Deed.
5. The plaintiff and the defendants are present in court and they
confirm having arrived at the settlement recorded in the Settlement
Deed dated 16.4.2015 of their own free will and volition and
without any undue influence or coercion from any quarters. Enclosed
with the Settlement Deed is a receipt dated 16.4.2015, executed by
the plaintiff confirming having received a post dated cheque of
`2,00,000/-, out of the total agreed amount of `15,20,000/- payable
by the defendants.
6. The Court has perused the Settlement Deed dated 16.4.2015.
The terms and conditions of the settlement are set out in paras 1 to 10
thereof. The same has been signed by the plaintiff and the defendants.
There appears no legal impediment in accepting the Settlement Deed.
The Settlement Deed is taken on record, while binding the parties to
the same.
7. The suit is decreed in terms of the Settlement Deed and the
terms recorded hereinabove, while leaving the parties to bear their
own expenses.
8. In token of their acceptance of this order, the parties and their
counsels shall affix their signatures on this order sheet.
(HIMA KOHLI)
APRIL 23, 2015 JUDGE
mk
