Delhi High Court
Lata Rani Gupta & Anr vs Rishu Gupta & Anr on 28 September, 2015
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 87/2015
LATA RANI GUPTA & ANR ..... Plaintiffs
Through : Ms. Nandni Sahni, Advocate with
plaintiff No.2 in person.
versus
RISHU GUPTA & ANR ..... Defendants
Through : None.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 28.09.2015
1. On the last date of hearing, counsel for the plaintiffs had stated
that the parties have arrived at a settlement through mediation and
the Settlement Agreements dated 8.7.2015 and 12.8.2015 were
forwarded by the Delhi High Court Mediation & Conciliation Centre. As
none was present on behalf of the defendants on the said date, in the
interest of justice, the case was adjourned for today, while making it
clear that if none appears for the defendants on the next date of
hearing, then the Court shall examine the contents of the Settlement
Agreements and pass appropriate orders. In the meantime, counsel
for the plaintiffs was directed to give a written intimation of the next
date of hearing to the counsel for the defendants and place on record
the proof of intimation.
2. Counsel for the plaintiffs states that written intimation of the
next date of hearing was dispatched to the counsel for the defendants
by speed post on 9.9.2015 and they were informed that the case will
be taken up today. Despite the above, none is present for the
defendants.
3. Counsel for the plaintiffs states that in any case, the parties
have discharged their respective obligations under the Settlement
Agreements dated 8.7.2015 and 12.8.2015 and taking them on record
is only a formality. She submits that the plaintiffs are the parents of
the defendant No.1 and parents-in-law of the defendant No.2 and they
had instituted the present suit for seeking specific performance of the
Family Settlements dated 15.2.2012 and 5.3.2012 and for handing
over the possession of the second floor of the suit premises to them.
Further, the plaintiffs had sought recovery of damages from the
defendants.
4. In terms of the aforesaid Settlement Agreements, the
defendants had agreed to vacate the suit premises on or before
30.7.2015 and handover the keys thereof to the plaintiffs by 3.8.2015.
On their part, the plaintiffs had agreed that they shall transfer the
documents in respect of a plot of land situated in Sahibabad,
Daulatpur, Delhi in favour of the defendant No.1, on or before
6.8.2015. There are several other terms and conditions of settlement
recorded in para 7 of the Settlement Agreements dated 8.7.2015 and
12.8.2015.
5. Counsel for the plaintiffs states that as both the parties have
discharged their respective obligations under the said Agreements,
nothing further survives for adjudication in the suit.
6. The Settlement Agreements dated 08.7.2015 and 12.8.2015
have been signed by the plaintiffs and the defendants and their
respective counsels as also by the learned Mediator. Enclosed with the
Settlement Agreements is a report dated 12.8.2015, prepared in
continuation of the Settlement Agreement dated 8.7.2015 and a set of
documents including a receipt executed by the defendant No.1
acknowledging receipt of moneys from the plaintiffs and a copy of the
release deed dated 6.8.2015 executed by the plaintiff No.1 in favour of
the defendant No.1. The last report submitted by the learned Mediator
is dated 3.8.2015 and enclosed therewith is the statement of the
defendant No.1 that he had vacated the second floor of the suit
premises and deposited the keys with the learned Mediator.
7. In view of the fact that counsel for the plaintiffs states that the
parties have already discharged their obligations under the aforesaid
Settlement Agreements, nothing further survives for adjudication in
the suit, which is accordingly decreed in terms of the conditions
recorded in the Settlement Agreement dated 8.7.2015 and 12.8.2015.
Decree Sheet be drawn accordingly.
8. The suit is disposed of, while leaving the parties to bear their
own expenses.
9. File be consigned to the record room.
HIMA KOHLI, J
SEPTEMBER 28, 2015
sk/ap
