Dimple Pawar vs Aruna Bhutani & Anr
2015 Latest Caselaw 8628 Del

$~11.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+    CS(OS) 1252/2014

     DIMPLE PAWAR                                  ..... Plaintiff
                       Through: Mr. N.K. Kantawala, Advocate with
                       Mr. Abhinav Sharma and Ms. Akanksha Jain,
                       Advocates

                       versus

     ARUNA BHUTANI & ANR                        ..... Defendants
                   Through: Mr. Sunil Kumar, Advocate with
                   Mr.S.S. Tyagi, Advocate for D-2.

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 19.11.2015

1. The suit was decreed on 30.10.2015, in terms of the settlement

arrived at between the parties and recorded in para 5 of the said order

and the case was directed to be listed today only for the parties to

report payment of Rs.30 lacs by the plaintiff to the defendant No.2 in

terms of clause 5(2) of the order dated 30.10.2015.

2. Today, Mr. Kantawala, learned counsel for the plaintiff states

that the plaintiff has not been able to generate the funds to pay to

the defendant No.2 for the reason that the suit premises is a leasehold

property and on approaching the Bank for a loan, they had raised an

objection in this regard. He submits that if the defendant No.2 renders

necessary co-operation, the parties can take joint steps and approach

the DDA for converting the suit premises from leasehold to freehold in

the first instance and thereafter, the plaintiff would be able to obtain a

loan to make the payment to the defendant No.2, as agreed upon and

recorded in the order dated 30.10.2015.

3. Counsel for the defendant No.2 states that his client is willing to

wait till the suit premises is converted from leasehold to freehold and

shall not invoke clause 5(4) of the terms and conditions of the

settlement recorded on 30.10.2015. He adds that his client is ready

and willing to co-operate with the plaintiff and sign all the requisite

documents required for conversion of the suit premises into freehold.

4. In view of the submission made by the counsels for the parties,

the order dated 30.10.2015 is modified by granting the plaintiff four

weeks' time from the date when the suit premises is converted from

leasehold to freehold, for making the payment of Rs.30 lacs to the

defendant No.2. Both the parties shall extend all necessary

cooperation to each other for the purpose of conversion.

5. While binding the parties to the statement recorded

hereinabove, the suit is disposed of.

HIMA KOHLI, J NOVEMBER 19, 2015 rkb/ap