Delhi High Court - Orders
Depositing The Money -By Plaintiff) ... vs Raj Rishi Sharma & Ors on 24 December, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 184/2020
I.A. 5862/2020 (under Order XXXIX Rule 1 and 2 CPC)
I.A.11050/2020 (under Section 151 CPC for enlargement of time for
depositing the money -by plaintiff)
SOORAJ 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.12387/2020 (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.
2. Taking the Settlement Agreement on record and decreeing the suit in terms of the settlement, application is disposed of. CS(OS) 184/2020
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.53, Pocket B-8, Sector-5, Rohini, Delhi -
Signature Not Verified Digitally Signed By:JUSTICECS(OS) 184/2020 PageGUPTA MUKTA 1 of 9 Signing Date:24.12.2020 19:05:04 110085 as cancelled with the consequential relief as also the decree of permanent injunction besides costs.
2. In the suit the plaintiff has impleaded Raj Rishi Sharma, Satnam Kaur, Ved Prakash and Dharampal as defendant Nos.1 to 4 respectively. Subsequently, on an application filed Ms. Rani Jain and Ms. Geetika Goyal were also impleaded as for a comprehensive because of the settlement.
3. The settlement has been arrived at between the plaintiff Sooraj Arora, described as First Party, Raj Rishi Sharma defendant No.1 as Second Party, Satnam Kaur defendant No.2 as Third Party, interveners Smt. Rani Jain as Fourth Party and Smt. Geetika Goyal, as Fifth Party. Shri Ved Prakash and Shri Dharampal were impleaded in the suit as defendant No.3 and 4 as defendant No.3 was the broker defendant No.4 was the witness to the Bayana Agreement, however, no relief is sought against the defendant Nos.3 and 4.
4. The terms of settlement arrived at between the five parties, as noted in the Settlement Agreement dated 4th December, 2020 before the Delhi High Court Mediation & Conciliation Centre in Paragraphs (i) to (xx) of the Settlement Agreement are reproduced hereinafter as under:-
"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 Signature Not Verified Digitally Signed By:JUSTICE CS(OS) 184/2020 PageGUPTA MUKTA 2 of 9 Signing Date:24.12.2020 19:05:04 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 no. 53, 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 nutl 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 Shri Satnam Kaur i.e. the Third Party who is the wife of the Second Party, admits and acknowledges that she had made the payment of Rs.10,50,000/- ( Rupees Ten Lakhs Fifty Thousand Only) for and on behalf of the Second Party under the Bayana Agreement dated 08.08.2019, which was entered between the First Party and the Second Party.
The Third Party agrees that she has no objection if the said amount is adjusted towards the share of the Second Party in this new Mediation Settlement also, arrived at between the parties.Signature Not Verified Digitally Signed By:JUSTICE
CS(OS) 184/2020 PageGUPTA MUKTA 3 of 9 Signing Date:24.12.2020 19:05:04 That the Third Party acknowledges and agrees that not only she had no right, title or interest qua the property bearing no. 53, Pocket B-8, Sector - 5, Rohini, Delhi - 110085 she will not claim any in future as well.
iv, That the First Party has now agreed to sell the property bearing no.53, Pocket B-8, Sector - 5, Rohini, Delhi - 110085 to the Second, Fourth and the Fifth Party to this Mediation Settlement.
v. That the Second, Fourth and the Fifth Party have agreed to purchase the property bearing no. 53, 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 shall have one-half share while the Fourth and Fifth Party shall have one-fourth share each in the property bearing no. 53, Pocket B-8, Sector - 5, Rohini, Delhi - 110085, being purchased in terms of this settlement before the Mediation Centre.
vi. That it is agreed between the parties that as per the present settlement the Second Party shall pay a sum of Rs.65,00,000/- (Rupees Sixty Five Lakhs Only) to the First Party towards his one half 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. 53, Pocket B-8, Sector -
5, Rohini, Delhi - 1 10085.
vii. That since the Second Party had made some payment under the Bayana Agreement to the First Party from the Signature Not Verified Digitally Signed By:JUSTICE CS(OS) 184/2020 PageGUPTA MUKTA 4 of 9 Signing Date:24.12.2020 19:05:04 account of his wife i.e. the Third 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, through the Account of the Third Party as detailed above, shall be adjusted in this new Agreement to Sell / Settlement arrived at between the parties against the share of the Second Party in this Mediation Settlement agreement, to which the Third Party has no objection and agrees to the same.
viii. That it is also agreed and settled between the parties to this settlement that the amount of Rs.10,50,000/- ( Rupees Ten Lakhs Fifty Thousand only ) already paid by the Second Party to the First Party as detailed above shall stand adjusted towards the sales consideration in this Mediation Settlement.
The Second Party has thus agreed to pay his balance share of the sales consideration i.e. Rs.54,50,000/- (Rupees Fifty Four Lakhs Fifty Thousand Only ) less the statutory TDS to the First Party at the time of the execution of the Sale Deed through RTGS in the bank account of the First Party.
ix. That it is agreed between the parties to the present settlement that should for some reason the family of the Second and the Third Party decide to purchase half share out of the half share of the Second Party (i,e. one-fourth share in the entire property leaving the Second Party with only one-fourth share in the property in favour of their son Shri Himanshu Sharma ) the Sale Deed in that event shall be executed in favour of the Second Party, Shri Himanshu Sharma, the Fourth Party and the Fifth Party with each having an equal share in the property bearing no. 53, Pocket B-8, Sector - 5, Rohini, Delhi - 110 085.
x. That it is also settled and agreed between the parties that
Signature Not Verified
Digitally Signed By:JUSTICE
CS(OS) 184/2020 PageGUPTA
MUKTA 5 of 9
Signing Date:24.12.2020
19:05:04
in that event the clauses (vi) of the settlement shall be modified / substituted by these terms of this settlement That in such an event Shri Himanshu Sharma, the son of the Second and Third Party shall pay his one fourth share of the Sale Consideration of Rs.32,50,000/- (Rupees Thirty Two Lakhs Fifty Thousand only ) less the statutory TDS on his share, at the time of the execution of the Sale Deed through RTGS in the bank account of the First Party, the details of which are provided in this settlement, towards the purchase of one-fourth share in the property bearing no. 53, Pocket B-8, Sector - 5, Rohini, Delhi - 110085.
That in such event since the share of the Second Pafty shall stand reduced from Rs.65,00,000/- ( Rupees Sixty Five Lakhs only ) to Rs.32,50,000/- (Rupees Thirty Two Lakhs Fifty Thousand only )the Second Party shall pay the balance amount of Rs.22,00,000/- ( Rupees Twenty Two Lakhs only ) less the statutory TDS, on his share, at the time of the execution of the Sale Deed through RTGS in the bank account of the First Party, the details of which are provided in this settlement, towards the purchase of one-fourth share in the property bearing no.53, Pocket B-8, Sector - 5, Rohini, Delhi 110085.
xi. That the Fourth Party i.e. Smt. Rani Jain, introduced now during mediation for arriving at the settlement has agreed to purchase one-fourth share in the property bearing no. 53, 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 in the bank account of the First Party, 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 Signature Not Verified Digitally Signed By:JUSTICE CS(OS) 184/2020 PageGUPTA MUKTA 6 of 9 Signing Date:24.12.2020 19:05:04 agreed to purchase one-fourth share in the property bearing no. 53, 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 in the bank account of the First Party, the details of which are provided in this settlement.
xiii. That the Second, 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, 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 parties.
xv. That the Second, 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, 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 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, Fourth and Fifth Party or as detailed above. The Sale Deed shall be executed only Signature Not Verified Digitally Signed By:JUSTICE CS(OS) 184/2020 PageGUPTA MUKTA 7 of 9 Signing Date:24.12.2020 19:05:04 after the proof of deposit of TDS by the parties to the Sale Deed 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 :
HDFC Bank, M-29, Greater Kailash - Part 2, New Delhi 1 10048 Saving Account Name , SOORAJ ARORA Saving Bank Account No. 05571000024501 IFSC Code : HDFC0000557 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 all the parties to the Settlement Agreement duly identified by their respective learned counsels.
6. Considering the fact that as per Clause (xiv) of the Settlement Agreement, Second, Fourth and Fifth Party were to execute the Sale Deed within two weeks of the date of execution of the Settlement Agreement, however, as the said Mediation Settlement could not fructify into a decree since the Settlement Agreement was not received by this Court on the last date, learned counsels for the parties state that further time be granted to execute the Sale Deed. Consequently, the two weeks period for execution of Signature Not Verified Digitally Signed By:JUSTICE CS(OS) 184/2020 PageGUPTA MUKTA 8 of 9 Signing Date:24.12.2020 19:05:04 the Sale Deed would commence from tomorrow, i.e. 25th December, 2020.
7. 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.
8. Decree sheet will incorporate the terms of settlement.
I.A. 5862/2020 (under Order XXXIX Rule 1 and 2 CPC) In view of the settlement arrived at between the parties, application is disposed of.
I.A.12390/2020 (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) 184/2020 PageGUPTA MUKTA 9 of 9 Signing Date:24.12.2020 19:05:04