S Kanwaljit Singh & Anr vs Molly Kapoor
2015 Latest Caselaw 8345 Del

$~31.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 275/2015 and I.A. 23272/2015
      S KANWALJIT SINGH & ANR                    ..... Plaintiff
                     Through: Mr. G.S. Narula, Advocate with
                     Mr. M. Sarwar, Advocate

                        versus

      MOLLY KAPOOR                                  ..... Defendant
                        Through: Mr. Sangramsingh R. Bhonsle,
                        Advocate with defendant in person.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 04.11.2015

I.A. 23211/2015 (by the defendant u/O IX R 7 CPC)

1. The present application has been filed by the defendant praying

inter alia for setting aside the ex-parte order dated 07.10.2015.

2. Counsel for the defendant states that the parties have been able

to negotiate a settlement through court annexed mediation and have

filed a compromise application with the request that the suit may be

decreed in terms of the Settlement Agreement dated 29.10.2015. He

requests that the present application be allowed and the ex-parte

order dated 07.10.2015 be set aside so that the Settlement

Agreement can be taken on record.

3. Issue notice.

4. Counsel for the non-applicants/plaintiffs accepts notice and

states that he has no objection to the present application being

allowed.

5. For the reasons stated in the application, the same is allowed.

The ex-parte order dated 07.10.2015 is set-aside.

6. The application is disposed of.

I.A. 23272/2015 (joint application u/O XXIII R 3 CPC)

1. The present joint application has been filed by the plaintiffs and

the defendant under Order XXIII Rule 3 CPC stating inter alia that

during the pendency of the present suit, the parties have arrived at a

settlement.

2. The plaintiffs have instituted the present suit praying inter alia

for a decree of specific performance, permanent injunction and

recovery of damages etc. in respect of the second floor and terrace

alongwith one servant quarter of premises No.E-406,Greater Kailash,

Part-I, New Delhi.

3. It is stated by the counsel for the plaintiffs that the plaintiffs had

entered into an Agreement to Sell dated 28.03.2014 for purchasing

the suit premises from the defendant for a total sale consideration of

Rs.2,55,00,000/-. At that time, the plaintiffs had paid earnest money

to the tune of Rs.60 lacs to the defendant and she had agreed to

execute a Sale Deed in respect of the suit premises in favour of the

plaintiffs within a period of four months from the date of executing the

Agreement to Sell. However, later on, the defendant had refused to

execute the Sale Deed in favour of the plaintiffs, thus compelling them

to institute the present suit.

4. Summons were issued in the suit on 02.02.2015 and a status

quo order was granted in favour of the plaintiffs on the said date. The

defendant was served by substituted means and vide order dated

07.10.2015, she was proceeded against ex-parte. Subsequently, the

plaintiffs and the defendant jointly approached the Court by filing an

application for being referred to mediation, which was duly allowed

vide order dated 19.10.2015. On the said date, counsel for the

defendant had stated that he would take steps to file an application for

setting aside of the ex-parte order dated 07.10.2015. The said

application, registered as I.A.2321/2015, has been allowed as above.

5. In the course of mediation, the parties have been able to arrive

at a settlement as recorded in the Settlement Agreement dated

29.10.2015, a copy whereof has been enclosed with the present

application. Counsels for the parties jointly state that the terms and

conditions of the settlement are recorded in para 7 of the Settlement

Agreement, whereunder the defendant has agreed to receive an

additional sum of Rs.15 lacs from the plaintiffs in the present suit and

in CS(OS) 1967/2015 and execute a Sale Deed in favour of the

plaintiffs in both the suits in respect of the second floor. The parties

have agreed that the plaintiffs in the present suit shall be entitled to

65% undivided share in respect of the second floor of the suit

premises and the plaintiffs in CS(OS) 1967/2015 shall be entitled to

35% undivided share in the second floor.

6. Counsel for the defendant confirms that his client has received

the entire sale consideration from the plaintiffs in the present suit and

in CS(OS) 1967/2015 and she is ready and willing to execute the Sale

Deed in respect of the suit premises in favour of the plaintiffs in the

present suit and CS(OS) 1967/2015, within one week.

7. Counsel for the plaintiffs states that in view of the settlement

arrived at between the parties, his clients shall cooperate with

the defendant in approaching the competent Court for

quashing of FIR No.349/2014 registered at Police Station: Greater

Kailash.

8. The Court has perused the present application. The same has

been signed by the plaintiff No.1 for self and as a Power of Attorney

Holder of the plaintiff No.2 and by the defendant and is supported by

the affidavits of the signatories to the application. Enclosed with the

application is the Settlement Agreement dated 29.10.2015, which has

also been signed by the plaintiff No.1 for self and as a Power of

Attorney Holder of the plaintiff No.2 and the plaintiffs in CS(OS)

1967/2015 as also the defendant and their respective counsels and

the learned Mediator.

9. As the counsels for the plaintiffs and the defendant 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.

10. The suit is decreed in terms of the settlement recorded in the

Settlement Agreement dated 29.10.2015. Decree sheet be drawn

accordingly.

11. The suit is disposed of while leaving the parties to bear their own

expenses.

12. In token of acceptance of the terms and conditions of the

settlement recorded hereinabove, the parties shall affix their

signatures on the order sheet alongwith their counsels.

13. At this stage, learned counsel for the plaintiffs states that in

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

the court annexed mediation, prior to the stage of framing of issues,

the plaintiffs are entitled to claim refund of court fees in terms of

Section 16 of the Court Fees Act.

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

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

plaintiffs for refund of the court fees under Section 16 of the Court

Fees Act.

15. File be consigned to the record room.

16. The date already fixed stands cancelled.

HIMA KOHLI, J NOVEMBER 04, 2015 rkb