Bal Krishan & Ors. vs Tara Shahzad Bahadur
2022 Latest Caselaw 967 Del

                          $~45 (Appellate Side - List of 2022)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     RSA 235/2005 & CM APPL. 17226/2022
                                BAL KRISHAN & ORS.                            ..... Appellants
                                             Through:            Mr. Ravinder Agarwal, Adv.

                                                    versus

                                TARA SHAHZAD BAHADUR               ..... Respondent
                                            Through: Mr. S.C. Singhal with Ms. P.
                                            Taneja, Adv.

                                CORAM:
                                HON'BLE MR. JUSTICE C. HARI SHANKAR
                                                    O R D E R (ORAL)

% 06.04.2022

CM APPL. 17226/2022 in RSA 235/2005

1. This is an application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC), for disposal of RSA 235/2005, in terms of the settlement, dated 4th April, 2022, executed between them.

2. A copy of the Settlement Agreement has been placed on record.

3. The terms of settlement, as contained in para 3 of the application, are the following:

"3. That the parties are related to each other and as such parties namely Sh. Sanjeev Mathur (Appellant No. 2 herein), Sh. Rajat Mathur (Appellant No. 3 herein), Smt. Tara Shahzad Bahadur (Respondent No. 1 herein) and Smt. Rashmi Katyal (Respondent No. 2 herein), mutually and voluntarily settled the dispute on the following terms:

Signature Not Verified

By:KAMLA RAWAT Signing Date:11.04.2022 14:23:26

(a) That the Firm - M/s. Maharaja Lal & Sons (New Delhi) as constituted vide partnership deed dated 08.04.1989 (hereinafter referred to as the dissolved partnership (firm), stand dissolved as per the preliminary decree passed by the Court of Learned Senior Civil Judge, Delhi in RCA No. 99 of 2003, and subject to mutual terms as noted hereinafter.

(b) That the parties do hereby agree that the Appellants may continue to carry on their business in the name and style of Maharaja Lal & Sons, (New Delhi) and the Respondents may continue to carry on their business in the name and style of Maharaja Lal & Sons.

(c) That during the pendency of the above captioned appeal, the Appellants inter se themselves had constituted a partnership firm - Maharaja Lal & Sons (New Delhi), vide partnership deed dated 28.06.2008. The Appellant nos. 2 and 3 may continue with the said firm. They, however, do hereby declare and affirm that the said firm may for all intents and purposes be treated as distinct and different from the firm constituted vide partnership deed dated 08.04.1989 and which has been agreed to be dissolved herein. Apart from the right to use the name - M/s Maharaja Lal & Sons (New Delhi), no right whatsoever shall accrue in favour of the Appellants or in the partnership firm dated 28.6.2008, including the right to tenancy in respect of premises bearing no. L-20, Connaught Place, New Delhi.

(d) Both the parties hereafter forego the decree of winding up, rendition of account and shall not claim any amount from each other; however it is clarified that all profits, assets and liabilities of any kind whatsoever pertaining to the business run by the appellants in the shop bearing no. 17A4/10, W.E.A. Karol Bagh, New Delhi having covered area of 180 square feet shall be borne by the appellants, while all the profits, assets and liabilities of any kind whatsoever pertaining to the business being run by the respondents in the shop bearing no. L-20, Connaught Circus, New Delhi having covered area 1625 square feet shall be borne by the respondents.

(e) That since both the shops were under the tenancy of partnership firm, but the appellants purchased the shop bearing no. 17A/10, W.E.A. Karol Bagh, New Delhi, whereas Signature Not Verified

By:KAMLA RAWAT Signing Date:11.04.2022 14:23:26 the shop bearing no. L-20, Connaught Circus, New Delhi was purchased by M/s. Beckons Software Private Limited and M/s. Beckons Software Private Limited has filed an Eviction Petition bearing no.E-17/18 pending in the Court of Shri Dhiraj Mittal, Learned Rent Controller, Patiala House Courts, New Delhi in which Leave to Defend application was granted to the Parties and against which RC.Rev. No. 232/2019 is pending in the Hon'ble High court of Delhi. It is agreed that the appellants shall have no right toward the tenancy rights of this shop and they do hereby surrender their all rights regarding tenancy or otherwise in respect of shop L-20, Connaught Circus, New Delhi and the respondents shall be free to deal with the landlord on any terms. The respondents shall be free to use the said shop for their own purpose or may settle with the landlord on the terms as they deemed fit without interference of the appellants.

(f) That so far as the Karol Bagh firm shop, bearing at no. 17A/10, W.E.A. Ajmal Khan Road, Karol Bagh, New Delhi, is concerned, the Respondents shall have no right towards the tenancy rights of this shop, and they do hereby surrender their all rights in favour of the Appellants including all tenancy rights as may be flowing in their favour, arising out of the tenancy which stood in the name of the dissolved partnership firm, in respect of the said premises. All the rights, titles and interests shall vest in the appellants and the respondents shall have nothing to do with the same and appellants shall be free to use the said shop for their own purpose or as the landlord give it to any third party or sell it without interference of the respondents.

(g) That without entering into any controversy and to buy peace the respondents have agreed to pay to Appellant Nos. 2 and 3 a sum of Rs. 40,00,000/- (Rupees Forty Lacs Only). The Respondents have got four Demand Drafts made, bearing nos. 159103, 159104, 159105,159106 all dated 2.3.2022 of Rs.10,00,000/- each, all drawn on Punjab National Bank, Civil Line, Delhi-110054. The said Demand Drafts would be handed over to the Appellant Nos. 2 and 3 before the Hon'ble Court, at the time of recording of the compromise. It is agreed that the appellants shall use the name Maharaja Lal & Sons (New Delhi) and shall have nothing to do with any asset liability of the dissolved partnership firm, in particular the shop at L-20, Connaught Circus, New Delhi. It is further Signature Not Verified

By:KAMLA RAWAT Signing Date:11.04.2022 14:23:26 agreed that both the parties shall not claim any amount from each other except for what is mentioned herein. The respondent shall have nothing to do with asset and liability of dissolved partnership firm in particular the shop at 17A/10, Ajmal Khan Road, Karol Bagh, New Delhi.

(h) The appellants shall continue to pay/clear all the liabilities pertaining to the business conducted by them in the shop at Karol Bagh bearing no. 17A/10, W.E.A. Karol Bagh, New Delhi. Similarly the respondents shall continue to pay/clear all the liabilities pertaining to the business conducted by them from shop bearing no. L-20, Connaught Circus, New Delhi.

(i) That both the parties have agreed they themselves or their any legal heirs shall not litigate or claim anything hereafter pertaining to the dissolved partnership firm, and any kind of litigation is pending or decided regarding this firm shall be withdrawn by them against each other and present settlement would be binding to the parties as well as their any legal heirs/ representatives/ any person claiming through them.

(j) That since Sh. B.S. Sistani was appointed as receiver by this Hon'ble Court who has taken over the accounts books, keys and was also operating bank account of Maharaja Lal & sons (New Delhi), both the parties agree that mandate of the receiver be terminated with effect from date of this application, and he be directed to return the keys and other records of both the shops to the respective parties. It is further agreed that the money lying in the bank account of the dissolved firm, being account no.0129002100165355 Punjab National Bank, Minto Road, New Delhi be directed to be closed by the receiver and amount lying deposited be paid to respondent no. 1 and 2 in equal share."

4. Learned Counsel for the parties are present in court on behalf of their respective clients and agree to remain bound by the terms of settlement.

5. As such, nothing survives for adjudication in the appeal, which Signature Not Verified

By:KAMLA RAWAT Signing Date:11.04.2022 14:23:26 is disposed of in terms of the aforesaid Settlement Agreement.

6. Demand draft for ₹ 40,00,000/- has been handed over by learned Counsel for the respondent to learned Counsel for the petitioner in terms of the aforesaid settlement.

7. In terms of para (j) of the Settlement Agreement, the receiver, who was appointed by this Court by order dated 21 st May, 2005, in CM (M) 607/2005, stands terminated.

8. The receiver is directed to return the keys and other records of the shops to the respective parties and to close the Account No. 0129002100165355 in the Punjab National Bank, Minto Road, New Delhi as well as to issue a direction to the bank to disburse the amount lying in the account of Respondents 1 and 2 in equal shares.

C. HARI SHANKAR, J APRIL 6, 2022 dsn

Signature Not Verified

By:KAMLA RAWAT Signing Date:11.04.2022 14:23:26