Delhi High Court
Sanjay Gupta & Anr vs Ratan Singh on 7 October, 2016
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment dated 7th October, 2016
+ CS(OS) 1230/2013
SANJAY GUPTA & ANR ..... Plaintiffs
Through Ms. Ashu Arora, Advocate
versus
RATAN SINGH ..... Defendant
Through Mr. Abhishek, Advocate for the
defendant along with defendant Ratan
Singh.
Mr. TVSR Krishna Sastry, Advocate
for appellant in OA.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
G.S.SISTANI, J (ORAL)
I.A.12677/2016(refund of excess court fee)
1.
This is an application filed by the plaintiff seeking refund of the excess
court fee deposited. Prayer made in this application is not opposed.
The application is accordingly allowed. Registry to process this
application and in case excess court fee has been paid, the same shall
be refunded to the plaintiff.
2. The application stands disposed of.
CS(OS) 1230/2013
3. Plaintiff has filed the present suit for specific performance of
Agreement to Sell dated 08.02.1013 against the defendant with respect
to land measuring 8 bigha 4 biswa comprising in Khasra No.88/28, 29
situated at Village Ujwa, Tehsil Najafgarh, Delhi. The total sale
consideration was fixed at Rs.3,14,50,000/-, i.e., @ Rs.1.85 crores per
acre. Plaintiff paid a sum of Rs.32 lakhs towards advance sale
consideration by way of Cheque no.207551 dated 08.02.2013 drawn on
Indus Ind Bank which was encashed by the defendant. The Sale Deed
was to be executed on or before 08.05.2013. The defendant did not
complete the sale transaction, which led to filing of the present suit by
the plaintiff.
4. On the last date of hearing, the defendant had made an offer that he is
agreeable to refund the advance with 5% interest for a period of three
years. After negotiations in Mediation, before this Court, it is agreed
that the defendant would refund the advance received with 6% interest
for the period 08.02.2013 to 07.09.2016. Counsel for the plaintiff
submits that on receipt of the cheque in the name of plaintiff no.2, all
disputes and differences stand settled, with both the plaintiffs and the
claim of the plaintiffs in the plaint would stand satisfied.
5. The defendant Ratan Singh is present in Court along with his son and
grandson. The defendant has handed over a Cheque no.537311 dated
07.10.2016 in the sum of Rs.38,88,000/- drawn on Syndicate Bank,
Najafgarh Road Branch, Delhi. He undertakes to the Court that the
cheque on presentation would be encashed.
6. Accordingly, the suit is decreed in the sum of Rs.38,88,000/- in favour
of the plaintiffs and against the defendant.
7. Having regard to the fact that the present suit has been settled through
Mediation of the Court, the plaintiff would be entitled to refund of
court fee.
8. The Court appreciates the efforts put in by the counsel and the parties
for early resolution of the matter.
IA.12678/2016(under Section 151 CPC filed by the parties)
9. By the present application jointly filed under Section 151 of the Code
of Civil Procedure, the parties have prayed to refer the matter to the
Delhi High Court Mediation and Conciliation Centre.
10. The application stands disposed of in view of the fact that the matter
stands settled between the parties through Mediation of the Court.
I.A.9938/2013(under Order XXXIX Rules 1 and 2 CPC)
11. The application stands disposed of in view of the suit having been
disposed of.
12. Interim order stands vacated.
I.A.13446/2013( under Order XI Rules 1 & 2 CPC by the defendant)
13. The application is dismissed as having become infructuous.
I.A.18031/2014( under Order VII Rule 11(D) CPC by the defendant)
14. The application is dismissed as having become infructuous.
O.A.194/2014
15. The appeal is dismissed as having become infructuous.
G.S.SISTANI, J
OCTOBER 07, 2016
pst
