M/S Dilwara Leasing And ... vs Aditya Infradevelopers Private ...
2015 Latest Caselaw 9097 Del

$~27.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 1614/2010
      M/S DILWARA LEASING AND INVESTMENT LTD ..... Plaintiff
                    Through: Mr. Arun Kathpalia, Advocate with
                    Ms. Megha Katari, Advocate

                        versus

      ADITYA INFRADEVELOPERS PRIVATE LTD& ORS..... Defendants
                     Through: Ms. Yashmeet Kaur, Adv. for D-1.
                     Mr. Manish Miglani, Advocate for D-2.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 07.12.2015

I.A. 24998/2015 (joint application u/O XXIII R 3 CPC) and I.A.24997/2015 (by the plaintiff u/S 151 CPC)

1. The present application has been jointly filed by the parties

stating inter alia that during the pendency of the present suit, they

were referred to mediation in a connected matter [W.P.(CRL)

1059/2014] and pursuant thereto, they were able to negotiate a

comprehensive settlement not only in respect of the dispute, subject

matter of the said petition, but also in respect of the present suit and

CS(OS)1615/2010.

2. It is stated by the counsels for the parties that though a

settlement was worked out in minute details prior to 24.11.2015, the

same could be reduced into writing only on 26.11.2015. Both the

parties state that the original Settlement Agreement dated 26.11.2015

has been filed by the Delhi High Court Mediation and Conciliation

Centre in the writ proceedings and they have filed a photocopy thereof

in the present suit, under a separate index. The said document is not

on record. Counsels for the parties jointly hand over a copy of the

Settlement Agreement dated 26.11.2015, duly signed by all the three

counsels as the true copy of the original.

3. The terms and conditions of the settlement are contained in

clause 16 of the Settlement Agreement dated 26.11.2015, whereunder

the defendant No.1 has agreed to cancel the Sale Deed executed on

29.07.2010 as detailed in clause 16(a) of the Agreement in respect of

space measuring 5451 sq. ft. (approx.) (super area) on the ground

floor in favour of the defendant No.2 and thereafter, execute a Sale

Deed in respect of the same space in favour of the plaintiff. The

parties state that the amounts received by the defendant No.1 from

the defendant No.2 shall be adjusted with the defendant No.2.

4. Counsel for the plaintiff states that his client had deposited a

sum of Rs.1,48,94,367/- in the Registry, as recorded in the order

dated 19.11.2013. Counsel for the defendant No.1 submits that her

client had deposited a sum of Rs.3,19,82,450/- in the Registry in

terms of the permission granted vide order dated 18.02.2013. It has

been agreed that both the parties will withdraw the monies deposited

by them respectively, from the Registry and thereafter, the plaintiff

shall pay the balance sale consideration to the defendant No.1 in

terms of the Settlement Agreement dated 26.11.2015 on the date of

execution and registration of the Sale Deed, that shall take place on or

before 14.12.2015.

5. The Court has perused the copy of the Settlement Agreement

dated 26.11.2015, which has been signed by the plaintiff, the

defendants, their respective counsels, and the parties to the criminal

writ petition. The compromise application has been signed by the

Director of the plaintiff/company and the Directors of the defendants

No.1 and 2 and their respective counsels and is duly supported by the

affidavits of the signatories to the application.

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 is taken on record and the parties shall remain

bound by the terms and conditions of the settlement recorded therein.

7. The plaintiff and the defendant No.1 shall be entitled to

approach the Registry through their counsels for seeking release of the

amounts deposited by them alongwith the interest, if any, accrued on

the principal amounts, through their counsels.

8. The suit is disposed of on the terms and conditions recorded in

the Settlement Agreement dated 26.11.2015, while leaving the parties

to bear their own expenses.

9. The suit is disposed of alongwith the pending applications.

HIMA KOHLI, J DECEMBER 07, 2015 rkb