Vimla Motwani vs Usha Ambwani
2015 Latest Caselaw 8537 Del

$~23.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     EX.P. 212/2015
      VIMLA MOTWANI                            ..... Decree Holder
                        Through: Mr. Mohit Gupta, Advocate with
                        Decree Holder in person.

                        versus

      USHA AMBWANI                            ..... Judgement Debtor
                        Through: Mr. Rajat Aneja, Advocate with
                        Mr. Chetan Kakkar, Advocate and Judgment
                        Debtor in person.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 17.11.2015

1. The Decree Holder has filed the present petition for seeking

execution of the consent decree dated 03.03.2014, passed in CS(OS)

2233/2014, whereunder the Decree Holder/plaintiff and the Judgment

Debtor/defendant, who are sisters, had agreed that they are entitled

to half share each in the suit premises, namely, Flat No.A-12/F,

Munirka, New Delhi. They had further agreed that they would sell the

flat and distribute the sale proceeds in equal share.

2. On the last date of hearing, it was noticed that after the final

decree for partition by sale of the flat was passed, the parties had

agreed to submit themselves to mediation but the mediation did not

result in a settlement. However, both the parties had sought further

time to arrive at a settlement through out of court inter se bidding.

While adjourning the case for today, the Decree Holder was directed to

produce the title documents of the suit premises and file an affidavit

stating inter alia that the suit premises is free from all encumbrances.

3. Pursuant to the aforesaid order, an affidavit dated 05.11.2015

has been filed by the Decree Holder, wherein she has stated that the

suit premises is free from all encumbrances and is lying vacant. The

Decree Holder has also brought the title deed of the suit premises

which has been examined by the Judgment Debtor. Counsel for the

Decree Holder submits that in her affidavit, the Decree Holder has

furnished the details of the expenses incurred by her towards the

electricity, water, telephone, PNG Bills raised and the house tax in

respect of the suit premises, which is to the tune of Rs.70,000/-

(approx.).

4. Counsels for the parties state that the parties have not been

able to arrive at a settlement through an out of court inter se bidding

attempted by them and request that they may be permitted to make

the bids in open court. Permission to the said effect has been granted.

5. Both the parties have agreed that the market price of the suit

premises is not less than Rs.80 lacs. Bids and counter bids have been

made by both sides. The highest bid has been made by the

Judgment Debtor for a sum of Rs.88 lacs. The Decree Holder is

agreeable to sell her half undivided share in the suit premises in

favour of the Judgment Debtor at 50% of the said bid, which is

acceptable to the other side. However, the timeline of four months

sought by the Judgment Debtor for making the payment of Rs.44 lacs

to the Decree Holder is not acceptable to her.

6. Counsel for the Judgment Debtor has instead offered to pay a

sum of Rs.44 lacs to the Decree Holder for her half undivided share in

the suit premises within two months from today, i.e., on or before

17.01.2016. The Judgment Debtor has agreed that she shall deposit a

sum of Rs.4 lacs in the Registry within 15 days from today and the

balance sum of Rs.40 lacs in two instalments of Rs.20 lacs each on or

before 23.12.2015 and 17.1.2016, respectively.

7. The Decree Holder shall deposit the title deeds of the suit

premises alongwith the other original documents in the Registry

immediately after the Judgement Debtor deposits the sum of Rs.4

lacs, under written intimation to the Decree Holder.

8. Both the parties agree that the outstanding dues towards the

maintenance of the suit premises upto 03.03.2014, shall be borne by

the Decree Holder alone and the expenses that have been/are to be

incurred by the Decree Holder from 03.03.2014 till 17.01.2016, shall

be borne by both the parties in equal share. The said amount shall be

recalculated by the Decree Holder and communicated to the other side

through counsel within two weeks. The Judgment Debtor shall pay

50% of the maintenance dues between 3.3.2014 and 17.1.2016 to the

Decree Holder on or before 17.1.2016.

9. It is further agreed that both the parties shall cooperate with

each other in every manner for getting the suit premises mutated

jointly in their names. The documents for the transfer of the suit

premises in favour of the Judgment Debtor shall be executed by the

Decree Holder, within four weeks from the date of mutation of the suit

premises, for which purpose, the expenses liable to be incurred, shall

be borne exclusively by the Judgement Debtor.

10. The keys of the suit premises shall be deposited by the Decree

Holder in Court on or before 17.1.2016. Upon execution of the Sale

Deed, the Decree Holder shall be entitled to approach the Registry for

release of the amount deposited by the Judgment Debtor in Court,

upon filing a certified copy of the Sale Deed. Similarly, the Judgment

Debtor shall be entitled to approach the Registry for release of the

keys of the suit premises upon filing a certified copy of the Sale Deed.

11. Both the parties undertake to abide by the conditions recorded

herein above. In the event, either party defaults in discharging their

obligation recorded hereinabove, the aggrieved party shall be entitled

to approach the Court for appropriate orders.

12. The petition is disposed of.

13. In acceptance of the orders passed hereinabove, both the

parties, who are present in Court, shall affix their signatures on the

order sheet, duly identified by their counsels.

HIMA KOHLI, J NOVEMBER 17, 2015 rkb/ap