Lokesh Goyal & Ors vs Saksham Goyal
2015 Latest Caselaw 6817 Del

$~17 & 46.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 3169/2014 and I.A. 2957/2015
     LOKESH GOYAL & ORS                         ..... Plaintiffs
                    Through: Mr. P.D. Gupta, Advocate with
                    Mr. Kamal Gupta, Advocate with plaintiffs No.1
                    and 3 in person.

                        versus

      SAKSHAM GOYAL                                ..... Defendant
                        Through: Mr. Amanpreet Singh Rahi, Advocate
                        with defendant in person.

+     CS(OS) 339/2015 and I.A. 2633/2015
      ARTI GOYAL                                ..... Plaintiff
                     Through: Mr. Amanpreet Singh Rahi, Advocate
                     with plaintiff in person.

                        versus

      MANJU GOYAL                                   ..... Defendant
                        Through: Mr. P.D. Gupta, Advocate with
                        Mr. Kamal Gupta, Advocate with defendant in
                        person.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 10.09.2015

1. Pursuant to the order dated 07.05.2015, the parties had

appeared before the Delhi High Court Mediation and Conciliation

Centre and a Settlement Agreement dated 20.08.2015 has been

placed on record.

2. Counsels for the parties state that by virtue of the captioned

Settlement Agreement, the parties in CS(OS) 3169/2014 and CS(OS)

339/2015 have arrived at a comprehensive settlement.

3. The subject matter of CS(OS) 3169/2014 is a flat bearing No.Y-

306, Sidhartha Apartment, M.P. Enclave, Pitampura, Delhi. As per the

settlement arrived at between the parties to CS(OS) 3169/2014, it has

been agreed by them that the mother of the defendant therein, Smt.

Arti Goyal shall purchase 70% undivided share in the suit property

from the plaintiffs for a sum of Rs.1,05,00,000/-. The manner in

which the said amount shall be paid by the defendant's mother to the

plaintiffs has been set out in para 6(I) of the Settlement Agreement. It

is stated that out of the total amount of Rs.1,05,00,000/-, the

defendant's mother, Smt. Arti Goyal [plaintiff in CS(OS) 339/2015],

has paid a sum of Rs.63 lacs to the plaintiffs No.1 to 3 jointly and the

balance amount shall be paid in terms of the settlement recorded in

the Settlement Agreement on or before 15.12.2015. The parties

confirm that the defendant and his mother are already in possession

of the aforesaid flat.

4. The subject matter of CS(OS) 339/2015 is a shop bearing

No.G-2, Ground Floor situated in Anshul Tower, Plot No.1, Local

Shopping Centre, Sainik Vihar, Pitampura, Delhi, measuring 120 sq.

feet. The parties in the aforesaid suit have agreed that the plaintiff

therein, Smt. Arti Goyal will purchase 50% of the undivided share in

the said shop from the defendant, for a total sale consideration of

Rs.35 lacs. It is stated that out of the aforesaid sale consideration,

the defendant has already received a sum of Rs.7 lacs and the balance

amount of Rs.28 lacs shall be paid by the plaintiff to the defendant on

or before 15.12.2015. Simultaneously, the defendant shall hand over

possession of the suit premises to the plaintiff. The terms and

conditions of settlement in respect of the said shop have been set out

in para 6(IX) and (X) of the Settlement Agreement.

5. The remaining terms and conditions of the settlement have been

set out in the Settlement Agreement, which has been signed by the

plaintiffs and the defendant in CS(OS) 3169/2014 and CS(OS)

339/2015 as also their respective counsels and the learned Mediator.

Enclosed with the Settlement Agreement is a Power of Attorney

executed by the plaintiff No.3 in favour his father, Shri Rajender

Goyal, who has signed the Settlement Agreement on his behalf.

Counsels for the parties state that both the suits may be disposed of

on the lines recorded in the Settlement Agreement.

6. As counsels for the parties jointly state that their clients 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 said settlement. The

parties shall remain bound by the terms and conditions of the

settlement recorded in the agreement.

7. Accordingly, both the suits are disposed of alongwith the

pending applications while leaving the parties to bear their own

expenses.

8. The dates already fixed in CS(OS) 3169/2014, i.e., 10.09.2015

and in CS(OS) 339/2015, i.e., 02.11.2015 stand cancelled.

9. File be consigned to the Record Room.

HIMA KOHLI, J SEPTEMBER 10, 2015 rkb