Delhi High Court
Usha Batra & Ors vs Ombir Creation Pvt Ltd on 26 February, 2021
#SDB-1
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On : 26.02.2021
RFA(OS) 10/2019
USHA BATRA & ORS ..... Appellants
versus
OMBIR CREATION PVT. LTD. ..... Respondent
Advocates who appeared in this case:
For the Appellants : Mr. Prashant Mehta and Ms. Divita Vyas, Advocates for A-1,
A-2, A-4 and A-5
Mr. Aman Dhyani and Ms. Kanchan Semwal, Advocates for
A-3
For the Respondent : Mr. Anil Sharma, Advocate
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
JUDGMENT
SIDDHARTH MRIDUL, J (via Video Conferencing)
CM APPL.8062/2021
1. The present application under Order XXIII Rule 3 read with
Section 151 of the Code of Civil Procedure, 1908 has been jointly
instituted on behalf of the parties praying as follows:
"It is, therefore, most respectfully prayed that
this Hon'ble Court may be pleased to dispose off
the above said appeal as compromise/settled in
terms of the aforesaid amicable settlement.
Pass such other or further order which this
Hon'ble Court may deem fit and proper in the
facts and circumstances of the case."
2. Mr. Prashant Mehta, learned counsel appearing on behalf of
Appellant Nos.1,2,4 and 5, Mr. Aman Dhyani, learned counsel
appearing on behalf of Appellant No.3 and Mr. Anil Sharma, learned
counsel appearing on behalf of respondent invite our attention to
paragraphs 3 and 4 of the present application to urge that the appeal
may be disposed of, in terms of the compromise/settlement arrived at
by and between the parties in relation to the subject matter of the
present appeal.
3. Paragraphs 3 and 4, which elaborate the complete compromise/
settlement agreement between the parties are reproduced hereinbelow
for the sake of facility:
"3. That the parties to the present appeal have
amicably resolved their disputes and differences
and arrived at an amicable settlement on the
following terms: -
i) It has been agreed and settled between the
parties that appellant No.2 to 5 who are
also appellant nos.1(a) to (d) shall sell their
total 2/9th share (being 1/4th of 2/9th share
each) in the suit property and the
respondent herein has agreed to purchase
the said share. After due deliberations and
negotiations the appellant no.2 to 5 who
are also appellant nos. 1(a) to (d) have
agreed to sell the said combined 2/9th share
at a total sale consideration of
Rs.10,75,00,000/- (Rupees Ten Crore
Seventy-Five Lakh only) i.e. Rs.4,13,270
(Rupees Four Lakh Thirteen Thousand
Two Hundred & Seventy only) per sq. mt.
That this Hon'ble Court in the present
appeal has recorded the above
understanding between the parties in its
order dated 05.02.2021. That the parties
have agreed that the respondent shall
deduct the amount of TDS @1% from the
amount i.e. 10,75,00,000/- (Rupees Ten
Crore Seventy Five Lakh only) and pay the
balance amount proportionately to the
appellants in terms of their shares. The
respondent shall provide the separate TDS
certificate(s) of proportionate deduction to
the appellant(s) after receiving the same
from the tax department. Furthermore, the
respondent shall bear the requisite stamp
duty and registration charges at the time of
execution of the sale deed(s) of the suit
property.
ii) It is further settled that the appellant no.2
to 5 who are also appellant nos.1(a) to (d)
herein shall transfer their combined 2/9th
share in the suit property in favour of the
respondent herein and shall execute a Sale
Deed/or separate Sale Deed(s) within a
period of two months from the date of
recording of the present compromise
before this Hon'ble Court.
iii) It has been agreed that the respondent
herein shall pay the aforesaid share i.e.
total amount of Rs.10,75,00,000/- (less
TDS) being Rs.2,68,75000/- (less TDS) to
each of the four appellant(s), towards
purchase of their agreed shares as above, at
the time of execution of Sale Deed(s)/or
separate Sale Deed(s), at the option of the
respondent, before the office of the
concerned Sub-Registrar.
iv) It has been agreed that after receipt of the
aforesaid consideration amount/share and
execution of the Sale Deed(s) in favour of
respondent herein, the appellant no.2 to 5
who are also appellant nos.1(a) to (d) shall
be left with no right, title or interest therein
in the suit property and the respondent
alone shall be competent to deal with the
suit property in the manner it may like.
v) It has been agreed and settled between the
parties that the appellant no.2 to 5 who are
also appellant nos.1(a) to (d) shall hand
over the peaceful, vacant and physical
possession of the suit property to the
respondent herein at the time of execution
of the Sale Deed(s) and upon receipt of the
full consideration as per this agreement.
vi) It has further been agreed and settled
between the parties that all the dues with
respect to the suit property i.e. electricity,
water, gas, house tax etc. shall be paid by
the appellant no.2 who is also appellant
no.1(a) up to the date of execution of the
Sale Deed and thereafter it shall be the
responsibility and liability of the
respondent herein.
4. That it has been agreed that the appellants shall
issue their NOC in favour of the respondent, for
releasing the original documents of the suit
property i.e. 43A Rajpur Road, Civil Lines,
Delhi-110054 from Canara Bank.
4. The present application is duly supported by affidavits on behalf
of the parties to the present lìs and the joint application is also signed
by learned counsel representing them in the appeal.
5. From a perusal of the compromise/settlement entered into
between the parties, we are of the view that the same is legal and that
there is no impediment in permitting the parties to settle their disputes
on the terms elaborated hereinabove, in the interest of justice and with
a view to apply quietus to the protracted litigation between them.
6. In the circumstances, the present application is allowed and
disposed of accordingly.
RFA (OS) 10/2019
1. The present appeal is disposed of as compromised between the
parties, in terms of the compromise/settlement agreement arrived at
between them, as hereinbefore extracted.
2. Starting date of the parties to comply with their respective
obligations under the terms of compromise/settlement agreement is
today i.e., 26.02.2021 and the parties undertake to comply with the
said terms, without demur.
3. The Registry is directed to prepare a decree sheet, in terms of
the compromise arrived at between the parties forthwith.
4. A copy of this judgment be provided to learned counsel
appearing on behalf of the parties and be also uploaded on the website
of this Court.
SIDDHARTH MRIDUL
(JUDGE)
TALWANT SINGH
(JUDGE)
FEBRUARY 26, 2021/dn
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