Mrs. Meera Dhingra vs Mr. Deepak Kapoor & Ors.
2015 Latest Caselaw 1621 Del

*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+    CS(OS) 1176/2007 & IAs No.15799/2012, 1581/2012,
     2874/2013 and 3900/2015



                                              Decided on : 25.02.2015
IN THE MATTER OF:
MRS. MEERA DHINGRA                             .....Plaintiff
                       Through : Mr. A.B. Dial, Sr. Advocate with
                       Ms. Kanchan Kaur Dhodi and
                       Ms. Harshe, Advocates with plaintiff in person.

                       versus

MR. DEEPAK KAPOOR & ORS.                   ..... Defendants
                   Through : Mr. G.P. Thareja, Advocate for D-1
                   with defendant No.1 in person.
                   Mr. Nitesh Jain, Advocate for D-2.
                   Mr. Rajeev Kumar, Advocate for D-3 & 4 with
                   D-3 and D-4 in person.
                   Mr. Arun Kathpalia, Advocate for the buyer
                   with buyer in person.
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J.(Oral)


1.

On 7.11.2014 the parties had arrived at a settlement in the

Court and a comprehensive settlement was recorded in the order

passed on the said date. In terms of the settlement arrived at

between the parties, the defendant No.1 had agreed to pay a sum of

Rs.6,40,00,000/- each to the plaintiff and the defendants No.3 & 4

towards full and final settlement of all their claims in respect of the

movable and immovable assets left by the deceased parents.

2. The plaintiff and the defendants No.3 & 4 had agreed that they

would not have any objection if the defendant No.1 enters into an

agreement to sell one of the main immovable properties, i.e.,

premises No.A-53, Vasant Marg, Vasant Vihar, New Delhi, in order to

fetch the money from the buyer and to pay the same to them.

3. On his part, defendant No.1 had agreed to deposit with the

Registrar General of this Court a sum of Rs.6,40,00,000/- payable to

each, the plaintiff and the defendants No.3 & 4 within four weeks from

the date of entering into an agreement to sell.

4. In view of the terms of settlement, it was directed that subject

to the defendant No.1 depositing the aforesaid amount in favour of the

plaintiff and the defendants No.3 & 4 each, they would not raise any

claim with regard to the movable and immovable properties, tangible

and non-tangible assets left by their deceased parents and the

defendant No.1 would be the absolute owner of all the said assets left

by the deceased parents.

5. It was recorded in para 11 of the aforesaid order that the

plaintiff and the defendants No.3 & 4 had accepted the will dated

17.6.1999, the gift deeds dated 10.2.2006 and 23.3.2006 and stated

that they would have no objection if the status quo orders dated

12.7.2007 and 8.4.2009 in respect of the aforesaid property are

vacated. It was also agreed between the parties that on receipt of

the aforesaid amount, the plaintiff and the defendants No.3 & 4 would

file no objections for grant of probate of a will dated 17.6.1999

executed by their father in favour of the defendant No.1 and they

would also have no objection if the amount of Rs.69,40,000/-, which is

lying in the Court by way of rent received from the property situated

at Vasant Vihar, New Delhi, is released in favour of the defendant No.1

and they would sign all the documents, if any, required by the

defendant No.1 for sale of the property, without causing any delay.

6. In view of the settlement arrived at between the parties, liberty

was granted to the defendant No.1 to enter into an agreement to sell

in respect of the Vasant Vihar property within three months from the

date of receipt of the earnest money for the said property, and the

defendant No.1 was directed to deposit a sum of Rs.6,40,00,000/-

each in favour of the plaintiff and the defendants No.3 & 4, with the

Registrar General of this Court on or before 28.2.2015.

7. Today, counsel for the defendant No.1 states that he has

entered into an agreement to sell in respect of the Vasant Vihar

property with Mr. Amit Chopra, Director, Hind Samachar Ltd., Civil

Lines, Jalandhar, Punjab and from out of the earnest money received

by him, he has brought with him, three pay orders for a sum of

Rs.6,40,00,000/- each payable to the plaintiff and the defendants No.3

& 4. He states that his client would not have any objection if the

aforesaid drafts are directly handed over to the plaintiff and the

defendants No.3 & 4 on the condition that they sign the necessary

documents, giving their no objections in terms of the order passed on

the last date of hearing.

8. Mr. Dial, learned Senior Advocate appearing for the plaintiff and

Mr. Kumar, learned counsel for the defendants No.3 & 4 hand over the

affidavits of their respective clients, dated 25.2.2015, stating inter alia

that they do not have any objection if the probate of the will dated

17.6.1999, executed by late Shri B.S. Ramdas Kapoor is granted in

favour of the defendant No.1. Originals of the said affidavits are

handed over by the counsels for the plaintiff and the defendants No.3

& 4 and taken on record and copies thereof have been furnished to the

counsel for the defendant No.1, who states that the buyer has

requested that a more comprehensive affidavit be got executed from

the plaintiff and the defendants No.3 & 4 to ensure that there is no

cloud hanging on the title of the property.

9. The proposed draft affidavits were exchanged on the first call in

the pre-lunch session and in the post lunch session, counsels for the

plaintiff and the defendants No.3 & 4 had handed over duly sworn

fresh affidavits executed by their clients on the lines requested by the

defendant No.1 and the proposed purchaser, represented through Mr.

Arun Kathpalia, Advocate. The same have been perused by the

counsels for the defendant No.1 and the proposed buyer and they

state that they are satisfied with the averments made in the said

affidavits, which are also taken on record, with copies thereof

furnished to the defendant No.1 and the proposed buyer.

10. All the parties are agreeable that instead of the matter being

referred to the Registry for release of the drafts, now that the

affidavits furnished by the plaintiff and the defendants No.3 & 4 have

been handed over in court and taken on record, the said drafts may be

handed over directly to the parties. Ordered accordingly. The three

original drafts of Rs.6,40,00,000/- each are handed over to the

plaintiff and the defendants no.3 & 4, through their counsels and

photocopies thereof are taken on record.

11. The only remaining part of the agreement left to be completed is

the release of a sum of Rs.69,40,000/- deposited in the Court, in

favour of the defendant No.1. As agreed, liberty is granted to the

defendant No.1 to approach the Registry, through counsel, for seeking

release of the said amount, with interest, if any, accrued thereon.

12. In view of the affidavits filed by the plaintiff and the defendants

No.3 & 4 and the amounts received by them, as agreed, all the parties

jointly state that the defendant No.1 be declared as the sole, absolute

and exclusive owner of the property bearing No. A-53, Vasant Marg,

Vasant Vihar, New Delhi and the commercial property/office space

bearing No.C-001A, First Floor, Super Mart Commercial Complex-I,

DLF Qutab Enclave Complex, Phase IV, Gurgaon, Haryana. Ordered

accordingly.

13. The suit is decreed in terms of the settlement recorded on

7.11.2014 and hereinabove, along with the pending applications, while

leaving the parties to bear their own costs.

14. The date already fixed in the matter, i.e., 9th March, 2015,

stands cancelled.

(HIMA KOHLI) JUDGE FEBRUARY 25, 2015 sk