Sanjeev Arora vs Kuljeet Singh And Ors.
2015 Latest Caselaw 5682 Del

$~45
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 2660/2013 & IAs 21152/2013 & 12879/2014

       SANJEEV ARORA                                  ..... Plaintiff
                       Through : Mr. Sanjeev Kakra,
                       Mr.Pawan Mathur and Mr.Irfan Ahmed,
                       Advocates with plaintiff in person

                       versus

       KULJEET SINGH & ORS.                   ..... Defendants
                     Through : Mr.Arshdeep Singh, Advocate with
                     Mr.Jaswant Singh, GPA for D-1 & D-2
                     D-3 and D-4 in person
                     Mr.Arjun Diwan, Advocate for
                     Mr.Ramesh Kumar Chawla/intervener

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 06.08.2015

1. Pursuant to the parties being referred to the Delhi High Court

Mediation & Conciliation Centre, a Settlement Agreement dated

6.8.2015 has been forwarded by the Centre.

2. Vide order dated 20.7.2015, the present case was adjourned to

3.9.2015. However, on an oral joint mentioning made by the counsels

for the parties to the effect that the parties have been able to

negotiate a settlement, the Registry was directed to list the matter in

the supplementary cause list. The Mediation Centre has also

forwarded a report, along with the Settlement Agreement dated

6.8.2015.

3. Counsels for the parties state that terms and conditions of the

settlement are set out in para (i) to (xxv) of the Settlement

Agreement, whereunder the plaintiff has agreed to purchase the suit

premises bearing No.3/19A, Kirti Nagar Industrial Area, New Delhi for

a total consideration of `1,16,00,100/-. It is stated that a sum of

`86,00,100/- has been tendered by the plaintiff to the defendants

No.1 to 4 through demand drafts/cheques. Counsel for the plaintiff

undertakes that the cheques for a part of the said amount when

presented, shall be duly honoured.

4. As for the balance sale consideration of `30,00,000/-, the parties

have agreed that the said amount shall be handed over by the plaintiff

to the defendants No.1 to 4 at the time of executing the sale deed,

which shall be done after the suit property is converted from leasehold

to freehold by the competent authority. The court is informed that the

plaintiff, defendant No.1 and Mr.Ramesh Kumar Chawla(the intervener

mentioned in the order dated 20.7.2015, passed in IA No.14298/2015)

shall jointly take necessary steps for getting the suit property

converted from leasehold to freehold, preferably within four months

from today. After the suit property is converted into freehold, the

defendants No.1 to 4 have undertaken to execute a sale deed in

favour of the plaintiff within two weeks, from the date of receipt of

written intimation by the plaintiff in that regard.

5. The Court has perused the Settlement Agreement dated

6.8.2015. The same has been signed by the plaintiff and the

defendants No.1 & 2 through their GPA holder(their father) and the

defendants No.3 & 4 and Sh.Ramesh Kumar Chawla. The Settlement

Agreement is also signed by the counsels for the parties and the

learned Mediator.

6. As counsels for the parties jointly state that their clients have

arrived at the aforesaid settlement of their own free will and volition

and without any undue influence or coercion from any quarters, there

appears no legal impediment in accepting the said settlement. The

Settlement Agreement dated 6.8.2015 is marked as Ex. `A' and is

taken on record. The parties shall remain bound by the terms and

conditions of the settlement recorded in the Settlement Agreement.

7. The suit is decreed in terms of the settlement arrived at and

recorded in the Settlement Agreement dated 6.8.2015(Ex.A), while

leaving the parties to bear their own expenses.

8. At this stage, learned counsel for the plaintiff states that in view

of the fact that the parties have arrived at a settlement through court

annexed mediation, the plaintiff is entitled to claim refund of the court

fees in terms of Section 16 of the Court Fees Act.

9. In view of the aforesaid submission made by the counsel for the

plaintiff, the Registry is directed to issue a certificate in favour of the

plaintiff for refund of the court fees, as per law.

10. The suit is disposed of, along with the pending applications.

File be consigned to the record room.

The date already fixed, i.e., 3.9.2015 stands cancelled.

HIMA KOHLI, J AUGUST 06, 2015 mk