Delhi High Court
Shiv Kumar Sharma vs Phool Chand Om Prakash & Anr on 19 May, 2023
Neutral Citation Number 2023:DHC:3592
$~74 & 75
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 19.05.2023
+ RFA 174/2019
SHIV KUMAR SHARMA ..... Appellant
versus
PHOOL CHAND OM PRAKASH & ANR ..... Respondents
+ RFA 183/2019 & CM APPL. 10268/2019
SHIV KUMAR SHARMA ..... Appellant
versus
PHOOL CHAND OM PRAKASH & ANR ..... Respondents
Advocates who appeared in this cases:
For the Appellant : Mr. K.P. Sundar Rao and Mr. Udesh
Puri, Advocates alogn with Appellant-
in-person.
For the Respondents : Mr. Himanshu Garg, Advocate along
with Mr. Mohit Garg-in-person.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
1. Mr. K.P. Sundar Rao and Mr. Himanshu Garg, learned counsel
Signature Not Verified
Digitally Signed
Signing Date:24.05.2023
11:50:50
Neutral Citation Number 2023:DHC:3592
appearing for the respective parties submit that after great persuasion,
the parties have been able to amicably settle their disputes and have
reduced the terms of settlement into writing by way of a Settlement
Agreement which was executed on 18.05.2023.
2. Learned counsel submit that both the parties have appended their
signatures to every page of the aforesaid Settlement Deed.
3. Learned counsel for both the parties also identify the signatures of
their respective party.
4. The appellant as also the respondent No.1 through its Authorized
Representative Mr. Mohit Garg are present in person and submit that the
said agreement has been entered into out of their own free will and not
under undue influence, force or coercion.
5. This Court has perused the Settlement Agreement and finds the
same to be lawful. The Settlement Agreement is marked as Ex. A. The
same is taken on record.
6. The self attested photocopy of the Identity Cards of the parties
have been handed over to the Court, which are taken on record and are
marked as Ex. B.
7. It is submitted by the learned counsel for the parties that a sum of
Rs. 10 Lakhs had been deposited by the appellant by virtue of the order
dated 06.03.2019 of this Court in RFA 183/2019 and the same, as per
the terms of the settlement is to be released in favour of respondent No.1
through its Authorized Representative. The sum of Rs. 10 Lakhs as
deposited vide order dated 06.03.2019 be released to respondent No.1
through its Authorized Representative, so far as the balance amount of
Rs. 13 Lakhs is concerned, the same is to be paid by the appellant to the
Signature Not Verified
Digitally Signed
Signing Date:24.05.2023
11:50:50
Neutral Citation Number 2023:DHC:3592
respondent No.1 through its Authorized Representative No.2 as
stipulated in para 2 sub para (i) and (ii).
8. In accordance thereto, Mr. Rao, learned counsel for the appellant
has handed over a Demand Draft of Rs.3 Lakhs bearing No. 000030
dated 17.05.2023 drawn on Bank of India, Golden Nest, (MIRA-
BHAYANDAR) EA Banch, Mumbai North, Maharashtra-401105.
9. So far as the balance of Rs. 10 Lakhs is concerned, the same are
to be paid by the appellant to the respondent by way of six instalments
which are by way of post dated cheques. More particularly mentioned in
the table contained in sub-para (ii) of para 2 of the Settlement
Agreement.
10. The six cheques have been handed over in the Court to the
counsel for the respondent No.1 through its Authorized Representative,
who acknowledges the receipt of the six cheques.
11. In accordance with the settlement terms, the Sale Deed/ Title
Deed of a property/ shop measuring 26 sq. yds. comprising Khasra No.
324/325 Situated at Abadi of Arjun Nagar, Village-Kotla Mubarakpur,
New Delhi-110003, which was deposited before this Court in
compliance of the order dated 13.12.2019 by the appellant is also to be
released in favour of the respondent No.1 through its Authorized
Representative.
12. It is directed that the aforesaid title documents/ Sale Deed of the
aforementioned property be released to the respondent No.1 through its
Authorized Representative.
13. Parties are bound by the settlement terms as also the statement
given before this Court today.
Signature Not Verified
Digitally Signed
Signing Date:24.05.2023
11:50:50
Neutral Citation Number 2023:DHC:3592
14. Learned counsel submit and accordingly, the impugned decree is
modified to the extent aforesaid and a modified decree be drawn up.
15. Nothing further survives for further adjudication in the present
appeals.
16. The appeals are accordingly disposed of, as settled.
TUSHAR RAO GEDELA, J.
MAY 19, 2023/nd
Signature Not Verified
Digitally Signed
Signing Date:24.05.2023
11:50:50
