Delhi High Court
Ayush Gupta & Anr. vs Sunil Chanana & Anr. on 15 December, 2022
Neutral Citation Number : 2022/DHC/0056981
$~22 to 24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 15.12.2022
+ RFA(COMM) 101/2022 & CM APPL. 51517/2022
AYUSH GUPTA & ANR. ..... APPELLANTS
versus
SUNIL CHANANA & ANR. ..... RESPONDENTS
+ RFA(COMM) 102/2022 & CM APPL. 51521/2022
AYUSH GUPTA & ANR. ..... APPELLANTS
versus
AJAY CHANAN & ORS ..... RESPONDENTS
+ RFA(COMM) 103/2022 & CM APPL. 51525/2022
AYUSH GUPTA & ANR. ..... APPELLANTS
versus
NISHA CHANANA ..... RESPONDENT
Advocates who appeared in this case:
For the Petitioners: Mr. Salvador Santosh Reballo, Mr. Raghav Sharma,
Ms. Nidhi, Mr. Rahul Kapoor, Ms. Eccha Shukla,
Mr. Kanishk Arora and Mr. Shakshi Goyal,
Advocates
For the Respondent: Mrs. Deepti Kathpalia and Ms. Bhawani, Advocates
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Appellants impugn order dated 15.10.2022 whereby the
Signature Not Verified
Digitally Signed
By:KUNAL MAGGU
Signing Date:21.12.2022 RFA(COMM) 101 to 103/2022 1
14:39:59
Neutral Citation Number : 2022/DHC/0056982
application of the appellants under Order VII Rule 11 CPC seeking
rejection of the plaint has been dismissed and the application of the
respondents under Order XII Rule 6 CPC seeking a decree of
possession on admission has been allowed.
2. The appellants are tenants who had taken on rent the subject
premises being first, second and third floors with roof respectively; all
by virtue of three registered lease deed all dated 10.05.2019.
3. There were certain disputes between the parties pursuant to
which subject suit was filed and the decree of possession has been
passed.
4. During the hearing of these proceedings on 13.12.2022, it
appeared to the Court that there existed elements of settlement
between the parties. Accordingly, the broad terms of settlement were
discussed in Court between the parties and consequently the parties
have entered into a Memorandum of Understanding dated 14.12.2022.
The original MOU along with affidavits of the appellant no. 1 and the
respective respondents has been filed in Court. The same are taken on
record.
5. We have perused the terms of the MOU and find the same to be
lawful. The MOU dated 14.12.2022, affidavits and the undertakings
are acknowledged and accepted by the appellants Mr. Ayush Gupta
and the respondents - Sunil Chanana, Ajay Chanana and Ms. Nisha
Chanana through her nephews Sunil Chanana and Ajay Chanana.
Signature Not Verified
Digitally Signed
By:KUNAL MAGGU
Signing Date:21.12.2022 RFA(COMM) 101 to 103/2022 2
14:39:59
Neutral Citation Number : 2022/DHC/0056983
6. Parties undertake that they shall abide by the terms and
conditions of the settlement.
7. The undertakings are accepted.
8. In view of the above, the appeals are disposed of in terms of
MOU dated 14.12.2022 which shall also form part of this order. It is
directed that on payment of first instalment of ₹ 80 lakhs which is
payable on or before 30.01.2023, the impugned order dated
15.10.2022 shall be deemed to have been set aside. In case there is a
failure on part of the appellants to pay the said amount on or before
30.01.2023, the decree of possession shall remain executable.
9. In view of the settlement having arrived at between the parties,
The Registry shall refund the court fees in accordance with the rules.
However, this exercise shall be carried out only after 30.01.2023
subject to appellant furnishing the proof of payment of ₹ 80 lakhs. It
is also agreed between the parties that the execution proceedings shall
be deferred till 30.01.2023 and thereafter shall be subject to this order.
Other proceedings between the parties referred to in the MOU shall
also be compromised and withdrawn as settled, however after
30.01.2023.
SANJEEV SACHDEVA, J
RAJNISH BHATNAGAR, J
DECEMBER 15, 2022/'rs'
Signature Not Verified
Digitally Signed
By:KUNAL MAGGU
Signing Date:21.12.2022 RFA(COMM) 101 to 103/2022 3
14:39:59
