Supreme Court - Daily Orders
Jagan Singh Gahlot vs Sonia on 6 March, 2025
SLP (Civil) No.4880 of 2023
ITEM NO.26 COURT NO.13 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S).4880/2023
[Arising out of impugned final judgment and order dated 25-11-2022
in RFA No. 251/2021 passed by the High Court of Delhi at New Delhi]
JAGAN SINGH GAHLOT PETITIONER(S)
VERSUS
SONIA & ORS. RESPONDENT(S)
[TO BE TAKEN UP AS FIRST MATTER ON THE BOARD.]
Mediation report received
IA No. 40982/2024 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
Date : 06-03-2025 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE J.B. PARDIWALA
HON'BLE MR. JUSTICE R. MAHADEVAN
For Petitioner(s) :Mr. Yoginder Handoo, AOR
Mr. Dhruv Sehrawat, Adv.
Mr. Ashwin Kataria, Adv.
Mr. Garvit Solanki, Adv.
Ms. Medha Gaur, Adv.
For Respondent(s) :Mr. S N Tripathi, Adv.
Mr. Naveen Kumar Tripathi, Adv.
Ms. Saroj Tripathi, AOR
Ms. Manju Jetley, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. This petition arises from the judgment and order passed by the High Court of Delhi dated 25.11.2022 in Regular First Appeal No.251 Signature Not Verified of 2021 by which the appeal filed by the Respondent Nos.1 and 2 Digitally signed by VIJAY KUMAR Date: 2025.03.07 17:29:41 IST respectively herein came to be allowed, thereby, set asiding the Reason: 1 SLP (Civil) No.4880 of 2023 judgment and decree passed by the Trial Court in a Suit instituted by the petitioner herein.
2. This is one of those unfortunate litigations wherein daughter is fighting against her father.
3. During the pendency of this petition, the parties have been able to arrive at an amicable settlement. The settlement has been reduced into writing, duly signed by the parties and notarised. One copy of the deed of family arrangement/settlement dated 28.10.2024 is ordered to be taken on record. We are informed that the same has already been filed and is on the record of this case.
4. The terms of the settlement are as under: -
“1. The aforesaid recitals shall form the integral part of this document.
2. In pursuance of the said agreement/covenant and in consideration of the premises, the parties hereto agree that the Parties shall apply leave to the Courts of law for withdrawal of all kind of cases Civil Petitions or Criminal Complaints, Appeal and Revisions etc. including the present pending SLP in the Supreme Court of India.
3. That the first party of the First Part shall return the mortgaged sale deed & conveyance deed free from all sort of encumbrances of immovable property bearingFlat no. 102,Supriya CGHS, Plot no.20, Sector-10, Dwarka, New Delhi-110075 to the party of the Fourth Part with utmost priority and not later than the month of June 2025 and the original chain of property will be handed over at the time of signing the present deed. For ensuring this the party of the First Part shall handover a Post-
Dated Cheque (as security)of Rs.13 lakhs in favour of the Fourth Part to recover the original property documents. After Encashment of the stated cheque the party of the Fourth Part himself collect the said property documents. Details of cheque:
2 SLP (Civil) No.4880 of 2023Cheque no 909479Dated 30.06.2025, Axis Bank, Dwarka.
4. That the first party of the First Part shall return the mortgaged, original property documents free from all sort of encumbrances of the immovable property bearing Shop no. 201 & 203, 2nd floor, Krishna plaza, plot no.22, Sector-10, Dwarka, New Delhi-110075 to the party of the Third Part and Fourth Part with utmost priority, Documents of shop no. 201 shall returned not later than the month of June 2025 and the documents of shop no.203 shall returned not later than the month of December 2025.
5. That the parties of the First Part do hereby agree that they or any third person will not raise any dispute whatsoever in relation to the above-mentioned mortgaged properties till time of clearance of these mortgaged properties.
6. That at the time of signing this deed the first party of the First Part shall handoverthe original property documents of the immovable property bearing number FF-8 TDI Mall, kundli, Haryana, And original property documents of the immovable property bearing Shop no. 202, 2nd floor, Krishna plaza, plot no.22, Sector-10, Dwarka, New Delhi-110075 to the party of the Fourth Part, And the original property documents of the immovable property bearing number Shop 211 Vardhman Mall Bawana LSC cluster-J, Sector 5, Bawana, New Delhi to the party of the Third Part.
7. That at the time of signing this deed the second party of the First Part, Dr. Sonia shall handover two Post Dated Cheques (as security) of Rs.13 lakhs and Rs.4 lakhs (Total Rs.17 lakhs) as a settlement amount in favour of the party of the Fourth Part (on the behalf of Second Part and Third Part) for the settlement of the civil dispute(SLP(C) No. 4880/2023) pertaining to suit property bearing no. flat no. 511, supriya apartment, plot no.20, sector 10, Dwarka, New Delhi-110075. Details of two cheques: Cheque No. 159207 dated 30.01.2025 Amount Rs.4 lacs only, Canara Bank, Dwarka. Cheque no. 159209 dated 26.12.2025 Amount Rs.13 lacs only, Canara Bank, Dwarka.
8. That at the time of signing this deed the party of the Third Partwitout any coercion and undue influence shall vacate 3 SLP (Civil) No.4880 of 2023 the above-mentioned suit property. The Second Party of the First Part, Dr. Sonia shall pay cash of Rs.50,000/- on 28th October 2024.
9. That at the time of signing this deed the first party of the First Part, Sh. Satish Kumar Swami shall handover Four Post Dated Cheques (as security) as full and final payment of Rs. 1 Crore (Rs. 25 lakhs each)in favour of the party of the Fourth Part (on the behalf of Second Part and Third Part) for the return on investment (above mentioned para no’s. (d) made by the party of the Second Part and Third Part. Details of the 4 Cheques: Cheque no. 909475 dated 26.10.2026 and Cheque no.
909476 dated 26.12.2026 and Cheque no. 909477 dated 26.02.2027 and Cheque no. 909478 dated 26.04.2027. All these cheques are of Axis Bank Ltd Dwarka, Delhi, New Delhi Branch.
10. That the first part shall pay according to terms of this deed however if the first part wants to make part payment for the amount of given Post Dated Cheques (as security), the' first part shall issue another Post Dated Cheque (as security) in lieu of remaining balance of payment and the parties of First part are liable for the considerations pending against them vice- versa.
11. That at the time of signing this deed the parties shall deliver the miscellaneous documents like signed cheques and any relevant document of the other part hereto.
12. That any retained undelivered or forgotten document of any party hereto or their legal heirs/any representative pertaining to parties agreement, claim, interest and consideration now has no legality and declared null and void by the parties hereby.
13. The parties hereto hereby covenant with each other that they shall comply with and accept the aforestated conditions of settlement in toto, And after encashmentof above-mentioned Security Cheques nothing outstanding left between parties hereto and further no claim and interest in the above-mentioned immovable properties shall entertained.
14. In the event of any disputes and differences between the parties hereto or in case the respective parties or any of them 4 SLP (Civil) No.4880 of 2023 fails to comply with the terms and conditions of this settlement deed shall be liable for legal action as per law of the land.”
5. We could have disposed of this matter today itself in the wake of the settlement arrived at between the parties. However, we have taken notice of one very peculiar feature of the terms of settlement. It appears that the daughter has issued two post dated cheques and the third cheque has been issued by her business partner. There are various other cheques which have been issued in favour of the son of the petitioner herein. The son is also personally present in the Court today.
6. At one point of time, we were inclined to direct the Registry to draw the decree in terms of the settlement arrived at between the parties. However, the problem is because of the post dated cheques. We are of the view that till the last post dated cheque is cleared, we should not close this matter.
7. In such circumstances, we admit this petition.
8. Leave granted.
9. The day the last post dated cheque is cleared, it shall be open for the learned counsel appearing for the parties to file an I.A. and request the Court to take up this matter and dispose it of.
(VIJAY KUMAR) (POOJA SHARMA)
COURT MASTER (SH) COURT MASTER (NSH)
5