Delhi High Court
M/S Ncm(India) Ltd. & Ors. vs Krishan Chandra Mehta(Since ... on 25 May, 2015
Author: Hima Kohli
$~1.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 161/2009 & IAs No.22112/2012, 6938/2014,
12592/2014, 14987/2014, 20756/2014, 21538/2014 &
216/2015
M/S NCM(INDIA) LTD. & ORS. ..... Plaintiffs
Through: Mr.Amitabh Chaturvedi and
Ms.Ekta Sukhramani, Advocates
versus
KRISHAN CHANDRA MEHTA(SINCE DECEASED) THR' LRs
& ANR. ..... Defendants
Through: Mr. Mayank Goel and
Mr.Lalruatpuia Sailo, Advocates for D-1(a) to
D-1(e), D-2, D-3 & D-4 with D-2 & D-3 in
person
Mr.Kumar Kislay, Advocate for proposed D-5
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 25.05.2015
I.A. 11425/2015 (joint application u/O XXIII R 3 CPC)
1. The present joint compromise application has been filed by the
parties stating inter alia that during the pendency of the suit
proceedings, they have arrived at an out of court negotiated
settlement, as recorded in the Deed of Settlement dated
22.5.2015(Annexure P-1) whereunder, the defendants have agreed to
execute a sale deed in respect of the ground floor of property bearing
No.E-178, East of Kailash, New Delhi, in favour of the plaintiff No.1 for
a total sale consideration of Rs.1,01,00.000/-. It is stated that
earnest money of `26 lacs was paid by the plaintiffs to the deceased
defendant No.1 during his life time. Learned counsel for the plaintiffs
states that he has brought with him three bank drafts totalling to a
sum of `15 lacs drawn in favour of the defendant No.1(a) and the
defendants No.3 & 4 and as agreed, the balance amount of `60 lacs
shall be paid at the time of execution of the sale deed on or before
31.5.2015. It has been further agreed by the parties that at the time
of execution of the sale deed, the plaintiffs shall hand over the vacant
peaceful possession of the first floor of the suit premises to the
defendants, through counsel.
2. Counsels for the parties state that the suit may be decreed in
accordance with the terms and conditions of the settlement, as
recorded in the Deed of Settlement dated 22.5.2015.
3. The Court has perused the present application. The same has
been signed by the plaintiffs' counsels and the defendants and their
counsels. The application is supported by the affidavits of the
signatories to the application. Enclosed with the application is the
Deed of Settlement dated 22.5.2015 (Annexure P-1).
4. As the counsels for the parties jointly state that they 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 settlement. The parties
shall remain bound by the terms and conditions of the settlement.
5. The suit is decreed in accordance with the terms and conditions
recorded in the present application, read with the Deed of Settlement
dated 22.5.2015(Annexure P-1), while leaving the parties to bear their
own costs.
6. The suit is disposed of, along with the pending applications.
File be consigned to the record room.
HIMA KOHLI, J
MAY 25, 2015
mk
