Delhi High Court - Orders
Rajan Sharma vs Sunworld City Pvt Ltd & Ors on 22 December, 2023
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1511/2019
RAJAN SHARMA ..... Petitioner
Through: Mr. Firasat Ali Siddiqi and Mr. Amit
Mishra, Advocates with Petitioner in
person
versus
SUNWORLD CITY PVT LTD & ORS ..... Respondents
Through: Mr. Anshum Jain, Advocate
alongwith Mr. Suresh Kumar,
Director
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 22.12.2023
1. This petition filed under Article 227 of Constitution of India impugns the judgement and order dated 23.03.2019 passed by the ADJ-09, Central District, Tis Hazari Courts, Delhi ('Trial Court') in civil suit bearing CS No. 1360/2018 (243/2018), titled as 'Sh. Rajan Sharma v. Sunworld Private Ltd. & Ors.', whereby the Trial Court has allowed the Respondent i.e., the defendant's application filed under Section 8 of the Arbitration and Conciliation Act, 1996 and dismissed the Petitioner i.e., the plaintiff's, suit .
2. The predecessor Bench of this Court in its order dated 18.02.2020 had expressed an opinion that since liability stands admitted by the Respondent and two (2) cheques for total sum of Rs. 6,28,566/- have been issued to the Petitioner in acknowledgement of the same, the matter can be resolved This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/12/2023 at 01:26:16 amicably.
3. Mr. Suresh Kumar, Director of the Respondent Company had joined the proceedings on 21.12.2023 and thereafter, the counsel for the parties agreed to mediate the matter; and resolve the Petitioner's claim towards the principal amount and interest thereon.
4. Today, the parties have jointly stated that they have arrived at a settlement, whereunder, the Respondent has undertaken to pay an amount of Rs. 6,40,000/- to the Petitioner towards full and final settlement of the outstanding principal and the interest amount.
4.1. It is stated that parties have agreed that the Respondent will pay the aforesaid amount of Rs. 6,40,000/- to the Petitioner on or before 28.02.2024 through authorised banking channels. This amount has been arrived at after accounting for interest until 28.02.2024.
5. Mr. Suresh Kumar, the Director, who is present in Court has given an undertaking to this Court that this settlement will be complied with as per the terms recorded hereinabove.
6. The undertaking of the Respondent, Mr. Suresh Kumar is accepted by this Court and he is bound down to the said undertaking.
7. An undertaking of Mr. Suresh Kumar to this effect will be filed before this Court within two (2) weeks.
8. In view of the aforesaid statement of the Respondent admitting its liability, the order of the Trial Court dated 23.03.2019 is modified and it is ordered that in case of default, the Petitioner will be entitled to recover this amount like a decree of the Court.
9. With the aforesaid directions, the present petition stands disposed of. Pending applications stand disposed of.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/12/2023 at 01:26:16
10. List the matter before the Joint Registrar on 01.03.2024 for verification of the payment.
11. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant.
MANMEET PRITAM SINGH ARORA, J DECEMBER 22, 2023/rhc/aa Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/12/2023 at 01:26:16