Supreme Court - Daily Orders
Ravinder Kumar Kohli vs Anil Kumar Kohli on 11 December, 2024
Bench: Surya Kant, Dipankar Datta
ITEM NO.37 COURT NO.3 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(s)(Civil) No(s).1470-1474/2024
RAVINDER KUMAR KOHLI Petitioner(s)
VERSUS
ANIL KUMAR KOHLI & ORS. Respondent(s)
(IA No.68276/2024 - APPLICATION FOR PERMISSION, IA No.125445/2023 -
EX-PARTE STAY, IA No.69226/2024 - EXEMPTION FROM FILING O.T.)
Date : 11-12-2024 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE DIPANKAR DATTA
HON'BLE MR. JUSTICE UJJAL BHUYAN
For Petitioner(s) Petitioner-in-person
For Respondent(s) Mr. Vikas Sethi, Adv.
Mr. Deepak Goel, AOR
Ms. Alka Goyal, Adv.
Mr. Pardeep Dahiya, Adv.
UPON hearing the counsel, the Court made the following
O R D E R
1. The petitioner and respondent no.1 are brothers. An inter se dispute regarding immovable properties of the family located in Delhi and Kanpur led to the initiation of multiple cases between them, especially since the year 2011. On 08.08.2024, this Court advised them to explore the possibility of amicable settlement under the aegis of the Supreme Court Mediation Centre. They agreed0 to the same, and the matter was referred for mediation. The parties fully cooperated with the Mediator and have been informing the Court from time to time of the progress made by them for resolving Signature Not Verified Digitally signed by ARJUN BISHT Date: 2024.12.16 the pending issues. Finally, now a deed of Family Settlement dated 17:08:44 IST Reason:
03.12.2024 has been formally executed between them.1
2. The deed is not only signed by the petitioner and respondent no.1, but is also signed by Rajeev Ratan Kohli (son of the petitioner), Rahul Kohli (son of the petitioner), Ms. Ratna Kohli (daughter of the petitioner; through power of attorney holder Mr. Rajeev Ratan Kohli, in whose favour power of attorney dated 23.11.2024 was executed and registered in the office of Sub-
Registrar Zone No.2, Kanpur Nagar), and Mrs. Rachna Kohli (wife of the petitioner; through power of attorney holder Mr. Rajeev Ratan Kohli, in whose power of attorney dated 23.11.2024 was executed and registered in the office of Sub-Registrar Zone No.2, Kanpur Nagar) as well as Aditya Raj Kohli (son of respondent no.1), Mr. Ansh Hari Kohli (son of respondent no.1) and Mrs. Shivali Kohli (wife of respondent no.1).
3. In other words, all the family members of the petitioner and respondent no.1 have mutually resolved their disputes by way of self-explanatory deed of Family Settlement.
4. Through the deed, the parties have outrightly resolved that the cases pending between them before various Courts of Law in India, the details whereof are mentioned in List-1 in the deed, may be disposed of under the orders of this Court.
5. Having regard to the events mentioned above, we find it a fit case to invoke our powers under Article 142 of the Constitution of India and accordingly dispose of the following cases as having become infructuous in light of settlement between the parties:
A. Suit No.1055 of 2002 (Old) & Suit No.949 of 2017 (New) titled "Ravinder Kumar Kohli Vs Harish Chandra Kohli and Others," pending before the Court of A.D.J-05, South Saket 2 Court, New Delhi.
B. Probate Petition No.90/70 of 2011 (Old) & Probate Petition No.43 of 2017 (New) titled "Rajeev Ratan Kohli & Others Vs. Bimla Rani Kohli & Others," pending before the Court of A.D.J-02, South District/Saket Court, New Delhi. C. Suit No.2065 of 2011 (Old) & Suit No.948 of 2017 (New) titled "Bimla Rani Kohli Dead Vs Ravinder Kumar Kohli & Ors.," pending before the Court of A.D.J.-05, South Saket Court, New Delhi.
D. Probate Petition No.228 of 2011 (Old) & Probate Petition No.5941 of 2016 (New) titled “Anil Kumar Kohli Vs. The State and Others," pending before the Court of A.D.J.-02, South District/Saket Court, New Delhi.
E. Civil Suit (OS) No.608 of 2011 (Old) & Civil Suit (OS) No.83672 of 2016 (New) titled "Anil Kumar Kohli and Others Vs Ravinder Kumar Kohli & Others," pending before the Court of ASCJ-CUM-JSCC-CUM-GJ (South), Saket Court, New Delhi. F. C.R No.290/2011 (Anil Kumar Kohli vs. Ravinder Kumar Kohli) pending before Allahabad High Court.
G. Case No.410/70/2021 (Ravinder Kumar Kohli vs Anil Kumar) pending before Civil Judge Sr. Division, Kanpur Nagar. H. Commercial Court Kanpur Nagar: Arbitration Case No.25/70/2012 (Anil Kumar Kohli vs Ravinder Kumar Kohli and others) including connected award dated 04.12.2011 by arbitrator Mr. Neeraj Nigam.
I. Case No.A227/11455/2024 (Anil Kumar Kohli vs Ravinder Kumar Kolhi & others; pending before Allahabad High Court). J. Mutation Appeal No.76 of 2004 (Ravinder Kumar Kohli vs Nagar Nigam; pending in the Court J.S.C.C. Kanpur Nagar). K. Article 227 P. No. 5044 of 2018 (Bimla Rani Kohli vs Ravinder Kumar Kohli and others), pending before Allahabad High Court.
L. Civil Revision No. 141/2012 (Kohli Construction Co. vs Anil Kumai Kohli), pending before ADJ 17, Kanpur Nagar. M. Civil Revision No. 142/2012 (Rajeev Ratan Kohli vs Anil 3 Kumar Kohli), pending before ADJ 17, Kanpur Nagar N. Matters under Article 227 (A227) No.10310/2024 (Kohli Construction Co. vs Union of India and others), pending before Allahbad High Court.
6. The parties have also resolved to jointly pursue their claims in respect of the cases referred to in List-4. The settlement deed in this regard reads as follows:
“E. Joint Legal Pursuit of Claims (LIST-4): The First Party and the Second Party have mutually agreed to jointly submit a request before the Hon'ble Supreme Court of India seeking an appropriate order or direction permitting them to act as equal profit- sharing partners and to jointly pursue all cases related to Kohli Construction Co. against the Union of India, State of Uttar Pradesh, Hindustan Aeronautics Limited (HAL Kanpur), and other entities. These cases pertain to the recovery of dues and are currently pending disposal at various stages before different courts across India. The First Party and the Second Party further agree to file a joint application within thirty (30) days of executing this Agreement, requesting to be recognized as Joint Parties and Equal Claimants in all suits listed in LIST-4, which pertain to claims for recovery associated with M/s Kohli Construction Company. All proceeds recovered from these cases shall be divided equally between the First Party and the Second Party. Additionally, the Parties agree that all legal expenses incurred in pursuing these claims shall also be borne equally by the First Party and the Second Party. The First Party and the Second Party agree that any liabilities of M/s Kohli Construction Company, if discovered at any time, shall also be shared equally between the First Party and the Second Party.”
7. The parties may, therefore, take necessary steps, such as moving appropriate applications in the pending cases, to give effect to the above reproduced clause.
8. The Courts concerned, before whom the above-mentioned cases were/are pending, will, accordingly, dispose of the applications as 4 per the above stipulation of the settlement deed.
9. As regard to distribution of joint properties, the parties have resolved as follows:
“3. Distribution of Property (LIST-2): -
A. Recognition of Legal Heirs and Claims:
That the Parties acknowledge and agree that the First Party and the Second Party are the only ones entitled to the properties mentioned in LIST-2. By mutual consent, they have agreed to set aside all previous claims, orders/judgements, awards, wills and testaments (as per LIST-3) and related documents regarding these properties and inherit, in terms of this present agreement. The Parties further agree that the First Party and the Second Party are the only ones entitled to jointly inherit all properties mentioned in LIST-2 in equal shares, and no other individual, had or presently has any claim, right or interest to the properties (as per LIST-2), to the prejudice of the First Party and the Second Part.
B. Current Possession and Usage Rights
1. The current possession of the properties is as follows:
a. Delhi House: Second Party (Shri Anil Kumai Kohli) b. Delhi Shop: Second Party (Shri Anil Kumar Kohli) c. Kanpur House: First Party (Shri Ravinder Kumar Kohli)
2. Until the distribution of the properties is fully completed, including (i) full payment of the Settlement Amount by the Second Party and/or its nominee/assignee (at the consent of the Second Party) to the First Party as per Clause 3(D), whereby (ii) the First Party irrevocably agrees to execute a Sale Deed (duly registered in the Office of the concerned Sub-
Registrar) for the First Party's 50% share in the Delhi House in favour of Second Party and/or its nominee/assignee (at the consent of the Second Party) as per Clause 3(C) And (iii) Relinquishment by the Second Party for the Second Party’s 50% share in the Delhi Shop and Kanpur House in favour of the First Party. No payment shall be made by the First Party to the Second Patty for the Second Party's 50% share in the Delhi Shop and Kanpur House, as the values of these properties have been adjusted/reduced in determining the Settlement Amount for First Party's 50% share in 5 the Delhi House; the current possession and usage arrangements of the properties, as listed above, shall remain unchanged i.e., same as per the current usage arrangements.
3. Both Parties shall adhere to the stipulated Timeline as per Clause 3(E), while ensuring no changes to possession or usage rights are made until the distribution process is fully completed.
4. It is acknowledged that the Delhi House is the primary residence of the Second Party (Shri Anil Kumar Kohli) and the Kanpur House is the primary residence of the First Party (Shri Ravinder Kumai Kohli). The ongoing process of mutation and conversion of the Delhi House to freehold in he joint names of both Parties is intended solely to facilitate and enforce the agreed Distribution of the Properties as per this Agreement and to fulfil the necessary formalities required by the relevant authorities. This process will not affect the current possession or usage rights of the properties, which shall remain as specified in this Agreement until the final distribution is completed.
C. Mode Of Transfer of Freehold-Mutation
1. Delhi House: That the Delhi House is a leasehold property and within thirty (30) days from the execution of this Agreement, the First Party along with the Second Party, shall apply for joint and equal mutation/substitution of the Delhi House in the records of the Delhi Development Authority (DDA) or such concerned department. Upon mutation/substitution thereof, the First Party and the Second Party shall within thirty (30) days, apply to get the same converted to freehold in their joint and equal names from the said concerned department. Both Parties shall diligently take all necessary actions to ensure that the conversion to freehold is completed within a maximum period of six (6) months from the date of completion of the mutation/substitution unless delayed through the Delhi Development Authority (DDA) or such concerned department or due to any other unforeseen circumstances beyond the control of the Parties. Within sixty (60) days from the completion of the Freehold Conveyance Deed of the Delhi House the First Party and the Second Party agree to (i) the full payment of the Settlement Amount by the Second Party and/or its nominee/assignee (at the consent of the Second Party) to the First Party as per Clause 3(D), whereby (ii) the First Party irrevocably agrees to execute a Sale Deed (duly registered in the Office of the concerned Sub- Registrar) for the First Party's 50% share in the Delhi 6 House in favour of Second Party and/or its nominee/assignee (at the consent of the Second Party) as per Clause 3(C); thus vesting the exclusive, absolute and entire ownership and possession of the Delhi House to the Second Party and/or their nominee/assignee. And (iii) Relinquishment by the Second Party for the Second Pary’s 50% share in the Delhi Shop and Kanpur House in favour of the First Party. No payment shall be made by the First Party to the Second Party for the Second Party's 50% share in the Delhi Shop and Kanpur House, as the values of these properties have been adjusted/reduced in determining this Settlement Amount for First Party's 50% share in the Delhi House. It is clarified that the entire cost and expenses for the mutation/substitution, freehold and sale shall be borne by the Second Party only.
Note:- The Parties covenant with each other to steadily facilitate the entire process of mutation and freehold as defined above by executing all necessary documents (if required) for the aforementioned purposes of mutation/substitution and freehold.
2. Delhi Shop: That within 30 days from the execution of this Agreement, the First Party along with the Second Party, shall apply for joint and equal mutation/substitution of the Delhi Shop in the records of the Delhi Development Authority (DDA) or such concerned department. That within sixty (60) days from the freehold of the Delhi House, the Second Party shall execute a Relinquishment Deed (duly registered in the office of the concerned Sub-Registrar) for the Second Party's 50% share in the Delhi Shop in favour of the First Party, as part of the Settlement Amount mentioned in Clause 3(D); thus vesting the exclusive, absolute and entire ownership and possession of the Delhi Shop to the First Party. No payment shall be made by the First Party to the Second Party for the Second Party's 50% share in the Delhi Shop and Kanpur House, as the values of these properties have been adjusted/reduced in determining this Settlement Amount for First Party's 50% share in the Delhi House. However, it is clarified that the entire efforts, cost and expenses for the mutation, freehold (if required) and relinquishment shall be borne by the First Party only.
3. Kanpur House: That within 30 days from the execution of this Agreement, the First Party along with the Second Party, shall apply for joint and equal mutation/substitution of the Kanpur House in the records of the Kanpur Development Authority (KDA) or such concerned department. That within sixty (60) days from the freehold of the Delhi House, the Second Party 7 shall execute a Relinquishment Deed (duly registered m the office of the concerned Sub-Registrar) for the Second Party's 50% share in the Kanpur House in favour of the First Party, as part of the Settlement Amount mentioned in Clause 3(D); thus vesting the exclusive, absolute and entire ownership and possession of the Kanpur House to the First Party. No payment shall be made by the First Party to the Second Party for the Second Party's 50% share in the Delhi Shop and Kanpur House, as the values of these properties have been adjusted/reduced in determining this Settlement Amount for First Party's 50% share in the Delhi House. However, it is clarified that the entire efforts, cost and expenses for the mutation, freehold (if required) and relinquishment shall be borne by the First Party only.”
10. So far as the Settlement Amount is concerned, the family through the Deed of Settlement, has resolved as follows:
“D. Settlement Amount
1. That as a part of the entire Settlement for all the properties recorded herein, the Parties agree that the Second Party and/or their nominee/assignee (as per the consent of the Second Party) shall pay the First Party a fixed monetary sum of Rs.6,00,00,000/- (Rupees Six Crore Only, inclusive of applicable TDS). Out of this amount, the Second Party has already paid an advance of Rs. 10,00,000/- (Rupees Ten Lakh Only) vide Demand Dralt (DD) No. 133022 dated 02.12.2024 issued via State Bank of India (Masjid Moth Branch); which the First Party acknowledges. The remaining amount of Rs.5,90,00,000/- (Rupees Five Crore Ninty Lakh Only) shall be paid by the Second Party and/or their nominee/assignee (as per the consent of the Second Party) to the First Party for the First Party's 50% share in the Delhi house at the time of execution and registration of the sale deed (duly registered in the office of the concerned Sub-Registrar) whereby the First Party shall transfer their 50% share in the Delhi House to the Second Party and/or their nominee/assignee. Further, the Second Party shall transfer their 50% share in the Delhi shop and Kanpur house in favour of the First Party as part of the Settlement Amount against First Party’s 50% share in Delhi house.
2. This payment to the First Party by the Second Party or/and their nominee/assignee (as per the consent of the Second Party) shall be made through a valid Demand 8 Draft (DD) in favour of "Ravinder Kohli" (being the banking name as requested by the First Party). The Second Party and/or their nominee/assignee shall make full payment of the Settlement Amount to the First Party as per this Clause against execution of Sale Deed (duly registered in the office of the concerned Sub-
Registrar) for transfer of First Party's 50% share in Delhi House. It is further clarified that the Second Party shall execute Relinquishment Deed (duly registered in the Office of the concerned Sub- Registrar) for relinquishment of the Second Party's 50% share in the Delhi Shop and Kanpur House in favour of the First Party as part of the Settlement Amount against Party's 50% share in Delhi House. No payment shall be made by the First Party to the Second Party for the Second Party's 50% share in the Delhi Shop and Kanpur House, as the values of these properties have been adjusted/reduced in determining this Settlement Amount for First Party's 50% share in the Delhi House. This shall constitute a full and final settlement between the Parties regarding the properties mentioned in LIST-2, with no further claims or payments to be made by either Party beyond this Agreement.”
11. Since both sides are required to take necessary steps to give effect to the settlement for the purpose of (a) distribution of properties, (b) implementation of the mode of transfer of freehold mutation, (c) payment of settlement amount, and (d) transfer of the properties, let necessary steps be taken by the parties jointly and a status report be filed on the next date of hearing.
12. Post these matters on 06.02.2025.
(ARJUN BISHT) (PREETHI T.C.)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
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