Delhi High Court
M/S Gcg Transglobal Housing ... vs Surakshit Exports Private Ltd & ... on 8 December, 2017
#31
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 203/2017 & I.As. 667/20012, 11213/2015, 11221/2015
M/S GCG TRANSGLOBAL HOUSING
PROJECT PVT LTD ..... Plaintiff
Through Mr. Raman Kapoor, Senior Advocate
with Mr. Manish Kumar and
Mr. Piyush Kaushik, Advocates.
Plaintiffs Mr. Gautam Misra,
Mr. Chaitanya Misra and Mr. Vinod
Kumar Misra in person.
versus
SURAKSHIT EXPORTS PRIVATE LTD & ORS ..... Defendants
Through Mr. Dinesh Rastogi with Ms. Harshita
Agarwal, Advocates.
Mr. Sridev Sharma, Defendant in
person.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
ORDER
% 08.12.2017
1. On 6th December, 2017, the Joint Registrar had passed the following
order:-
"It is submitted by learned counsel for both the parties
that this matter has been settled & they requests for recording
of their statement.
Learned counsel for the parties submits that after
recording of their statements this matter may be fixed before
Hon'ble Court for recording of settlement but not before the
Hon'ble Court of Justice Rajiv Sahai Endlaw as his Lordship
had represented one of the party in this matter earlier.
Statement of Learned counsel for both the parties
recorded today.Let matter be fixed before Hon'ble Court for
further directions on 08.12.2017.
On request, copy of the statement and order be given
dasti to learned counsel for both the parties under the signature
of Court Master."
2. The joint statement recorded by the Joint Registrar on the said date is
also reproduced hereinbelow:-
"Joint Statement of Mr. Manish Kumar (Advocate for plaintiff)
and Mr. Dinesh Rastogi (Advocate for defendant)
At Bar.
On instructions from parties, we make following
statements as under:
A. Land admeasuring 15 acres in Bijwasan, the possession of
which are with defendants and title documents (in original)
with the Court will go to the plaintiff.
B. Money lying deposited in terms of orders dated 11.01.2012
and 18.01.2012 to go to Mr. S.D. Sharma, defendant no. 6,
for and on behalf of all the defendants in the present suit.
C. Plaintiff will carry out publication in two local dailies in
respect of the land in question calling for objections, if any.
D. Property bearing no. L-1/7, Hauz Khas Enclave, New Delhi
which is the subject matter of CS No. 208737/2016 (earlier
611/2000) the possession of which are with the plaintiff, this
property's original title documents are with the defendants
in the said suit, the original title documents will be delivered
by defendants to Mr. S.D. Sharma, AR of the plaintiff.
E. Handing over of the possession of 15 acres land, Bijwasan,
New Delhi and the delivery of title documents will
simultaneously happen in the presence of Local
Commissioner duly appointed by the Hon'ble Court.
F. Suit No. 208737/2016 will be transferred to this Hon'ble
Court for recording of statement of parties.
G. Parties will be left with no claims against each other in the
present suit as well as in pending CS no. 208737/2016 Court
no. 602, Saket District Courts, New Delhi.
H. Parties will remain present for recording their respective
statements in the Hon'ble Court."
3. Today, Plaintiffs Mr. Gautam Misra, Mr. Chaitanya Misra, Mr. Vinod
Kumar Misra and the defendant Mr. Sridev Shrama are personally present.
Learned counsel for the parties states that the aforesaid four individuals are
authorised representatives of all the companies/legal entities before this
Court.
4. The aforesaid parties confirm that the statement of the respective
counsel as made before the Joint Registrar on 6th December, 2017 is binding
upon the parties and the parties further agree upon the following terms as
under:-
i) Mr. Amit Sharma, Advocate be appointed as Local Commissioner
for the purpose of execution of the settlement agreement as agreed
and arrived between the parties.
ii) The Registry be directed to make a pay order in favour of
Mr. Sridev Sharma, defendant no. 6 in the present suit, against the
entire money (Rs. 1,69,95,000/- plus Rs. 4,48,05,000/- totalling to
Rs. 6,18,00,000/-) along with accrued interest earned thereon as
deposited by the plaintiff in terms of the order dated 11th January,
2012 in this Court, and hand over the original title documents in
respect of the suit property, i.e., Land admeasuring 15 acres, as
mentioned in Schedule A of the plaint to the Local Commissioner.
iii) The Local Commissioner, will collect the pay order from the
Registry, as well as the original title documents in respect of the
suit property, i.e., land admeasuring 15 acres, as mentioned in
Schedule A of the plaint.
iv) That upon receipt of the pay order and the original title documents
delivered to the Local Commissioner, the Local Commissioner
will visit the suit/Bijwassan property on 20 th December, 2017 at
4.00 p.m. for the purpose of handing over the possession and
delivery of the original title documents of the suit property to
Mr. Gautam Misra, authorized representative of the plaintiff and
the pay order as got prepared by the Registry of this Court will be
handed over to Mr. Sridev Sharma or his nominee or his lawyer.
v) That simultaneously with the handing over of the possession and
title documents to Shri Gautam Mishra, Shri Gautam Mishra shall
hand over the original title documents, i.e., three sale-deed of the
property bearing No. L-1/7, Hauz Khas Enclave, New Delhi,
registered in the names of respective plaintiffs in CS No.
208737/2016.
vi) The plaintiff, will take out newspaper publication in respect of
Bijwasan land in two English dailies, i.e., Times of India and
Hindustan Times regarding the suit property being free from any
encumbrances.
vii) Upon the statement of the parties recorded and the settlement
being arrived at in the present suit, certified copy of the terms of
settlement along with the order dated 8th December, 2017,
recording settlement and statement of the parties, the same shall be
filed in pending CS No. 208737/2016 in the Court of Ms. Priya
Mahendra, Room No. 602, Saket District Court Complex, New
Delhi and the said CS No. 208737/2016, shall be disposed of and
decreed accordingly.
viii) The parties, who appear in person, as well as authorized
representatives of the plaintiffs and defendants, undertake to
remain bound by the terms of the settlement and they further
undertake that they shall be left with no future Claim against each
other.
ix) It is agreed that except Mr. V.K. Misra, there is no Class-I legal
heir of Late Shri Ganesh Misra, who was defendant no. 1 in CS
No. 208737/2016.
x) The parties present today are making the statement out of their
own free will without any pressure, duress and coercion.
xi) Upon the recording and execution of this settlement the defendants
acknowledge plaintiff to be the absolute owner of the suit property
in Suit No. CS (COMM) 203/2017 comprising 15 acres of land
situated in Village Bamnauli, NCT of Delhi which are reproduced
hereinbelow:-
S. Old Khasra Nos. New Khasra Nos. Area
No. (Bighas-Biswas)
1. 350 28/1 4-16
2. 351 28/10 4-16
3. 352 28/09 4-16
4. 353 28/02 4-16
5. 331 29/25 2-19
6. 347 29/15 4-16
7. 346 min. 29/16 min 2-00
8. 346 min. 26/16 min 2-16
9. 348 29/06 4-16
10. 322 29/7 4-16
11. 323 29/14 4-16
12. 330 min 29/17 min 0-07
13. 330 min 29/17 min 5-17
14. 321 min 29/8 min 1-00
15. 324 min 29/13 min 1-00
16. 329 min 29/18 min 1-00
17. 354 28/3 4-16
18. 355 & 356 28/8 4-16
19. 358 28/7 4-13
20. 359/1 28/4 min 3-06
Similarly plaintiff, Mr. V.K. Mishra, Mr. Chaitanya Misra and Mr.
Gautam Misra acknowledge plaintiffs in CS No. 208737/2016 as
the absolute owner of the suit property, i.e., House No. L-1/7,
Hauz Khas Enclave, New Delhi admeasuring about 669 sq. yards
with built up structure, which is subject matter of CS No.
208737/2016.
5. Learned counsel for the parties on instructions of the parties who are
personally present in Court assure and undertake to this Court that they shall
comply with the aforesaid terms and conditions.
6. The statements, assurances and undertakings are accepted by this
Court and parties are held bound the same.
7. The fee of the Local Commissioner is fixed at Rs. 2,00,000/-. The fee
shall be paid in equal proportion by the plaintiff and the defendants.
8. Accordingly, the present suit is decreed in terms of the joint statement
recorded on 6th December, 2017 as well as consent terms recorded today by
this Court. Registry is directed to prepare a decree sheet.
9. As a token of acceptance of this order, parties are directed to sign the
order sheet.
10. With the aforesaid directions, present suit and pending applications
are disposed of.
MANMOHAN, J
DECEMBER 08, 2017
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