Delhi High Court - Orders
Rajeev Arora vs Raj Rishi Sharma & Ors on 24 December, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 183/2020
RAJEEV ARORA ..... Plaintiff
Represented by: Mr. Pawan Mathur, Advocate along
with plaintiff in person through video
conferencing.
versus
RAJ RISHI SHARMA & ORS. ..... Defendants
Represented by: Mr. Kartickay Mathur, Advocate
along with defendants in person
through video conferencing.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 24.12.2020 The hearing has been conducted through Video Conferencing. I.A.12382/2020 (under Order XXIII Rule 1 and 3 CPC)
1. By this joint application, the plaintiff and defendants seek decree of the suit in terms of the settlement arrived at between the parties. Taking the Settlement Agreement on record and decreeing the suit in terms of the settlement, application is disposed of.
CS(OS) 183/2020
1. Present suit was filed by the plaintiff, inter alia, seeking a decree of declaration declaring the Bayana Agreement dated 8th August, 2019 in respect of property bearing No.54, Pocket B-8, Sector-5, Rohini, Delhi - 110085 as cancelled and the consequential relief, besides permanent injunction and costs.
Signature Not Verified Digitally Signed By:JUSTICECS(OS) 183/2020 PageGUPTA MUKTA 1 of 9 Signing Date:24.12.2020 19:05:04
2. In the suit the plaintiff impleaded Raj Rishi Sharma, Satnam Kaur, Ved Prakash, Dharampal and Smt. Rani Jain as defendant Nos.1 to 5 respectively. Consequent on an application filed Ms. Gitika Goyal was also arrayed as an intervener.
3. The settlement has been arrived at between the plaintiff Rajeev Arora, described as First Party, Raj Rishi Sharma defendant No.1 as Second Party, Satnam Kaur defendant No.2 as Third Party, Smt. Rani Jain defendant No.5 as Fourth Party and Ms. Gitika Goyal, the intervener as the Fifth Party. Ved Prakash and Dharampal, impleaded in the suit as defendant No.3 and 4 were broker and witness to the Bayana Agreement respectively and thus no relief is sought against the defendant Nos.3 and 4.
4. The terms of settlement arrived at between the parties in the Settlement Agreement dated 4th December, 2020 of the Delhi High Court Mediation & Conciliation Centre as noted in Paragraphs (i) to (xx) of the Settlement Agreement are reproduced hereinafter:-
i. That the First Party and the Second Party have agreed that the 'Bayana Agreement' dated 08.08.2019 executed between them is hereby declared as null and void and the same is not to be acted upon and all its terms have been rendered ineffective and non-operative. lt is clarified between the parties that the First Party shall not claim any forfeiture of the Bayana Amount under the said agreement, and since this Bayana Agreement is not acted upon, the First Party is not liable to make the payment of any Commission to M/s Kamal Properties as per the terms of the Bayana Agreement, since the same has not been acted upon and the property is not being sold at the rate under the Bayana Agreement. Needless to say the First Party as it is has suffered financial loss on account of the reduction in the sale price on account of the renegotiation of the sale price of property bearing Signature Not Verified Digitally Signed By:JUSTICE CS(OS) 183/2020 PageGUPTA MUKTA 2 of 9 Signing Date:24.12.2020 19:05:04 no. 54, Pocket B-8, Sector - 5, Rohini, Delhi - 110085, which has reduced drastically ii. That it is agreed between the parties that since the Bayana Agreement dated 08.08.2019 has not been acted upon and the same has been declared as null and void, the Second Party has asked the First Party to return the Bayana amount of Rs.13,00,000/- ( Rupees Thirteen Lakhs only ) given in cash. The First Party has returned back in cash the said Bayana amount lying with the First Party as it is, back to the Second Party, which was lying with the First Party. The Second Party acknowledges the receipt of this Bayana amount of Rs.13,00,000/- (Rupees Thirteen Lakhs only )back in cash from the First Party and in view of this settlement the Second Party agrees and acknowledges that there is nothing due from the First Party towards the Second Party under the cancelled 'Bayana Agreement' dated 08.08.2019 and the account between the First Party and the Second Party stands settled in all respects.
iii. That the First Party has now agreed to sell the property bearing no. 54, Pocket B-8, Sector -5, Rohini, Delhi - 110085 to the Second, Third, Fourth and the Fifth Party to this Mediation Settlement.
iv. That the Second, Third, Fourth and the Fifth Party have agreed to purchase the property bearing no 54, Pocket B-8, Sector-S, Rohini, Delhi - 110085 for a total sales consideration of Rs.'1,30,00,000/- (Rupees One Crore Thirty Lakhs only), which has been agreed by the First Party. The parties have agreed that the Second Party, Third Party, Fourth and Fifth Party shall have one share each in the property bearing no. 54 Pocket B-8, Sector - 5, Rohini, Delhi -110085, being purchased in terms of this settlement before the Mediation Centre.
v. That it is agreed between the parties that as per the
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Digitally Signed By:JUSTICE
CS(OS) 183/2020 PageGUPTA
MUKTA 3 of 9
Signing Date:24.12.2020
19:05:04
present settlement the Second Party shall pay a sum of Rs.32,50,000/- (Rupees Thirty Two Lakhs Fifty Thousand Only) to the First Party towards his one-fourth share of the sales consideration, while the Third Party shall pay a sum of Rs.32,50,000/- ( Rupees Thirty Two Lakhs Fifty Thousand Only ) to the First Party towards her one-
fourth share of the sales consideration, while the Fourth Party shall pay a sum of Rs.32,50,000/- ( Rupees Thirty Two Lakhs Fifty Thousand Only ) to the First Party towards her one-fourth share of the sales consideration and the Fifth Party shall pay the balance amount of Rs.32,50,000/- ( Rupees Thirty Two Lakhs Fifty Thousand Only ), to the First Party towards her one- fourth share of the sales consideration, for the purchase of property bearing no. 54, Pocket B-8. Sector - 5. Rohini. Delhi - 110085.
vi. That since the Second Party had made some payment under the Bayana Agreement to the First Party from the account of the Third and the Fourth Party herein, it is agreed between the parties that the amount already paid by the Second Party to the First Party under the 'Bayana Agreement' dated 08.08.2019, as detailed above, shall be adjusted in this new Agreement to Sell / Settlement arrived at between the parties against their respective shares in this settlement agreement.
vii. That it is agreed between the parties that the Second Party has agreed to purchase one-fourth share in the property bearing no. 54, Pocket B-8, Sector - 5, Rohini, Delhi - 110085 and pay his share of the sales consideration of Rs. 32,50,000/- ( Rupees Thirty Two Lakhs Fifty Thousand only ) at the time of the execution of the Sale Deed through RTGS, the details of which are provided in this settlement.
viii. That it is agreed between the parties to this settlement that the amount of Rs.28,00,000/- ( Rupees Twenty Eight Signature Not Verified Digitally Signed By:JUSTICE CS(OS) 183/2020 PageGUPTA MUKTA 4 of 9 Signing Date:24.12.2020 19:05:04 Lakhs Only ) paid by the Third Party i.e. Smt. Satnam Kaur to the First Party for and on behalf of the Second Party shall be treated as the part payment by the Third Party to the First Party towards the part sales consideration under this settlement. The Second Party has no objection if the said amount of Rs.28,00,000/- is adjusted towards the one-fourth share of the Third Party towards the sales consideration.
The Third Party had earlier paid the following amounts to the First Party for and on behalf of the Second Party, which now shall stand adjusted against her share i.e. 1/4th share in the property to be purchased :
- Rs.20,00,000/- vide Cheque No. 005781 dated 16.01 .2020 drawn on Oriental Bank of Commerce through the Bank Account of the Third Party
- Rs.8,00,000/- vide Cheque No. 005782 dated 10.02.2020 drawn on Oriental Bank of Commerce, through the Bank Account of the Third Party.
ix. It is agreed between the parties that the Third Party shall pay her balance sales consideration of Rs.4,50,000/- ( Rupees Four Lakhs Fifty Thousand only ) less TDS, towards the balance sales consideration, through RTGS, the details of which are provided in this settlement.
x. That it is agreed between the parties to this settlement that the amount of Rs.27,72,0001- ( Rupees Twenty Seven Lakhs Seventy Two Thousand Only ) paid by the Fourth Party i.e. Rani Jain to the First Party for and on behalf of the Second Party under the Bayana Agreement between the First Party and the Second Party, shall be treated as the part payment by the Fourth Party to the First Party towards the part sales consideration. The Signature Not Verified Digitally Signed By:JUSTICE CS(OS) 183/2020 PageGUPTA MUKTA 5 of 9 Signing Date:24.12.2020 19:05:04 Second Party has no objection if the said amount of Rs.27,72,000f is adjusted towards the one-fourth share of the Fourth Party towards the sales consideration.
The Fourth Party had paid the following amounts in the name of the First Party :
- Rs.12,25,0001- ( Rupees Twelve Lakhs Twenty Five Thousand Only ) vide Cheque No. 978907 dated 30.01 .2020 drawn on Canara Bank, Punjabi Bagh branch
- Rs.12,25,0001- ( Rupees Twelve Lakhs Twenty Five Thousand Only) vide Cheque No. 978910 dated 30.01 .2020 drawn on Canara Bank, Punjabi Bagh branch
- Rs.3,22,0001- ( Rupees Three Lakhs Twenty Two Thousand only ) vide Cheque No. 223121 dated 18.02.2020 drawn on Canara Bank, Rohini Sector - 5 branch.
xi. That it is agreed between the parties that the Fourth Party shall pay her share of the balance sales consideration i.e. Rs.4,78,000/- (Rupees Four Lakhs Seventy Eight Thousand only ) less the statutory TDS at the time of the execution of the Sale Deed through RTGS, the details of which are provided in this settlement. lt is also agreed by the parties that the unilateral deposit of TDS to the tune of Rs.28,000/- deposited by the Fourth Party with the authorities shall be adjusted while depositing the balance TDS towards her share of the sales consideration and the First Party shall claim the deposit of TDS. lt is clarified between the parties, that after the adjustment of the TDS of Rs.28,0001 which had been deposited by the Fourth Party as stated above, the balance sales consideration to be paid by the Fourth Party is only Rs.4,50,000/- ( Rupees Four Lakhs Fifty Signature Not Verified Digitally Signed By:JUSTICE CS(OS) 183/2020 PageGUPTA MUKTA 6 of 9 Signing Date:24.12.2020 19:05:04 Thousand only) which shall be paid by the Fourth Party to the First Party less TDS, through RTGS, the details of which are provided in this settlement.
xii. That the Fifth Party i.e. Smt. Geetika Goyal, introduced now during mediation for arriving at the settlement has agreed to purchase one fourth share in the property bearing no. 54, Pocket B-8, Sector - 5, Rohini, Delhi - 110085 and pay her share of the sales consideration of Rs. 32,50,000/- ( Rupees Thirty Two Lakhs Fifty Thousand only ) at the time of the execution of the Sale Deed through RTGS, the details of which are provided in this settlement.
xiii. That the Second, Third, Fourth and the Fifth Party shall obtain the Stamp Papers for the execution of the Sale Deed within four working days of the execution of this Mediation Settlement and intimate the First Party the receipt thereof.
xiv. That the Second, Third, Fourth and the Fifth Party shall get the Sale Deed executed positively within two weeks from the date of execution of this Mediation Settlement, failing which this Settlement Agreement shall be declared as null and void, at the option of the First Party only. Needless to say, the Sale Deed shall be executed by the First Party only after the receipt of the entire sales consideration from all the four parties.
xv. That the second, Third, Fourth Party and the Fifth Party have assured the First Party that they have the finances available with them as on date for giving effect to this mediation settlement and the First Party has entered into this settlement on account of this assurance given xvi. That the Second, Third, Fourth and the Fifth Party shall give the copy of the proposed Sale Deed to the First Party for his approval of the contents of the same for his Signature Not Verified Digitally Signed By:JUSTICE CS(OS) 183/2020 PageGUPTA MUKTA 7 of 9 Signing Date:24.12.2020 19:05:04 approval of the contents of the same, well in time before the execution of the Sale Deed.
xvii. The Sale Deed shall be executed by the First Party jointly in favour of the Second, Third, Fourth and Fifth Party. The Sale Deed shall be executed only after the proof of deposit of TDS by the Second, Third, Fourth and Fifth party before the concerned authorities is given to the First Party.
xviii. That the details of the Account of the First Party in which the payment under the RTGS is to be made, by the parties is as under :
Central Bank of India, Pahar Ganj, New Delhi - 110055 Saving Account Name : RAJEEV ARORA Saving Bank Account No. 1 172404181 IFSC Code: CB1N0280315 xix. That in view of this settlement arrived at between the parties all disputes stand settled and there is no claim or counter claim of any parties against each other.
xx. That the parties to the settlement have no objection to the refund of the court fees paid by the First Party i.e. the plaintiff in the suit. The parties are also conscious of the fact that the First Party / Plaintiff had to reduce the sales consideration to get the settlement through."
5. The Settlement Agreement is duly signed by the First to Fifth Parties as described in the Settlement Agreement, who are duly identified by their respectively counsels.
6. Learned counsel for the parties state that the Settlement Agreement was arrived at between the parties on 4th December, 2020 and as per Clause
(xiv) of the Settlement Agreement the second, third, fourth and fifth parties Signature Not Verified Digitally Signed By:JUSTICE CS(OS) 183/2020 PageGUPTA MUKTA 8 of 9 Signing Date:24.12.2020 19:05:04 were to get the Sale Deed executed within two weeks from the date of execution of the Settlement. Since the Settlement Agreement could not be received from Mediation Centre in this Court on an earlier date and the matter was to be adjourned for today, awaiting the report, no sale deed could be executed. Hence the time for compliance thereof be extended.
7. Considering the fact that the decree pursuant to the settlement is being passed today, period of two weeks as contemplated in Clause (xiv) would start to run from tomorrow, i.e. 25th December, 2020.
8. Considering the fact that the contesting parties have entered into a settlement, the suit is decreed in terms of the Settlement arrived at between the parties. Decree sheet will incorporate the terms of settlement. I.A. 5857/2020 (under Order XXXIX Rule 1 and 2 CPC) I.A. 8668/2020 (under Section 151 CPC-for filing amended memo of parties) I.A.10055/2020 (under Section 151 CPC for enlargement of time-by plaintiff) In view of the settlement between the parties, applications are dismissed as infructuous.
I.A.12419/2020 (under Section 16 Court Fee Act)
1. Court fee be refunded to the plaintiff under Section 16 of the Court Fees Act.
2. Registry will issue necessary certificate in this regard.
3. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
DECEMBER 24, 2020 vk Signature Not Verified Digitally Signed By:JUSTICE CS(OS) 183/2020 PageGUPTA MUKTA 9 of 9 Signing Date:24.12.2020 19:05:04