M/S Kataria Constructions Pvt Ltd vs R.P. Gupta
2017 Latest Caselaw 3693 Del

$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                   Judgment delivered on: 27.07.2017

+       CS(OS) 233/2011
M/S KATARIA CONSTRUCTIONS PVT LTD                                      ..... Plaintiff
                           versus

R.P. GUPTA                                                           ..... Defendant

Advocates who appeared in this case:
For the Plaintiff          :, Mr. Vivekanand, Advocate.
For the Defendant          : Mr. G.B.. Tulsiani, Advocate with defendant in person.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                              JUDGMENT

27.07.2017

SANJEEV SACHDEVA, J. (ORAL)

CS(OS) 233/2011

1. This is a suit for declaration, specific performance and injunction. As per the plaintiff, the defendant had entered into an agreement to sell with regard to the property No.A-10/14, Vasant Vihar, New Delhi. On the failure of the defendant to perform the agreement, the present suit was filed seeking declaration, specific performance, possession and injunction.

2. The parties were referred to mediation. The parties have settled

their disputes through the process of mediation and executed settlement agreement dated 31.05.2017.

3. The settlement agreement is signed by the parties as well as their counsel. The settlement agreement is confirmed by learned counsel for the parties today. The settlement agreement is exhibited as Exb. C - 1.

4. The plaintiff has agreed to give up the claim of specific performance and has restricted his claim only to recovery of a sum of Rs. 51 lakhs. It has been agreed that the defendants shall pay a sum of Rs.51 lakhs in full and final settlement of all claims of the plaintiff.

5. The terms of the settlement are recorded in paragraph 6(a) to 6(f) of the Settlement Agreement dated 31.05.2017.

6. I have examined the terms and find the same to be lawful.

7. Learned counsel for the parties submit that the decree in terms of paragraph 6(a) to 6(f) of settlement agreement Exb. C - 1 be passed.

8. The suit is, accordingly, decreed in terms of the paragraph 6(a) to 6(f) of the Settlement Agreement Exb. C - 1. Decree Sheet be prepared accordingly. The said clauses shall form part of the decree.

9. Learned counsel for the defendant has handed over cheques bearing Nos.005550 and 005552 dated 24.07.2017 total amounting to

Rs. 5,00,000/- to learned counsel for the plaintiff towards part payment of the said amount of Rs. 55 Lakhs. The defendant who is present in person submits that the cheque shall be honoured on its presentation.

10. Since the suit has been settled through the process of mediation, the plaintiff is entitled to refund of court fee in accordance with Court Fee Act, 1870. Registry shall process the case for issuance of appropriate certificate authorising the plaintiff to receive back the court fee paid.

11. Order Dasti under signatures of court master.

SANJEEV SACHDEVA, J JULY 27, 2017 st