Delhi High Court - Orders
M/S Bdr Builders And Developers Private ... vs Mrs. Raminder Kaur & Anr on 10 July, 2020
Author: Rekha Palli
Bench: Rekha Palli
Via video conferencing
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.APPL.(OS) 598/2020 in EX.P. 84/2019
M/S BDR BUILDERS AND DEVELOPERS PRIVATE LIMITED
..... Decree Holder.
Through: Mr. Akhil Sachar and Mr. Sunanda
Tulsyan, Adv. along with Mr. Dinesh Gupta,
Director.
versus
MRS. RAMINDER KAUR & ANR. .....Judgment debtors.
Through:- Mr. Shams Tabrez, Adv. for JDs No.1
and 2 along with JD No.2 in person.
Mr. Sourav Jena, Adv. for JD No.3.
Mr. Rahul Gupta, Adv. for JD Nos.4 & 5.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 10.07.2020 EX.APPL.(OS) 599/2020 & EX.APPL.(OS) 601/2020
1. The applicants will file the requisite affidavits and court fees within two weeks of the normal functioning of the Court being restored.
2. The applications are disposed of.
EX.APPL.(OS) 598/2020
3. This is an application filed by the decree holder (DH) seeking impleadment of Ms. Sarabjit Kaur, Mrs. Kamlesh Goel and M/s MCC Buildtech, as parties/respondents No.3 to 5 to the present petition.
4. Learned counsel for the petitioner submits that the proposed respondents are necessary parties for disposal of the present petition as the settlement arrived at between the decree holder and the two judgment debtors before the Delhi High Court Mediation and Conciliation Centre has also been made applicable to these proposed respondents.
5. Issue notice. Learned counsel for the judgment debtors No.1 and 2 as also for the proposed respondents accept notice and have no objections to the said application being allowed.
6. The application is, accordingly, allowed and Ms.Sarabjit Kaur, Mrs. Kamlesh and M/s MCC Buildtech are impleaded as respondents No.3 to 5 respectively. It is further made clear that the respondents No.3 to 5, though not judgment debtors in respect of the decree of which enforcement is being sought, would be bound by the terms of the settlement. Amended memo of parties, filed along with the application, is taken on record.
EX.APPL.(OS) 600/2020
7. This is a joint application filed by the decree holder and the two judgment debtors, as also the newly impleaded respondents, praying for disposal of the execution petition in terms of the settlement agreement dated 01.07.2020 arrived at Delhi High Court Mediation and Conciliation Centre.
8. The application is duly signed by all the parties, who pray that the settlement agreement be taken on record and the petition be disposed of in terms of the settlement.
9. In view of the aforesaid, the application is allowed and the execution petition is disposed of as satisfied in terms of the settlement dated 01.07.2020, which is taken on record. The parties will remain bound by their undertakings as recorded in the settlement agreement which will be read as a part of this order. In case any of the parties fail to abide by the terms of the settlement, it will be open for the aggrieved parties to seek initiation of proceedings under the Contempt of Courts Act, 1971. In the said eventuality, it will also be open for the Decree Holder to seek revival of the present petition.
10. The petition is, accordingly, disposed of as satisfied. The next date of hearing i.e. 07.08.2020 stands cancelled.
REKHA PALLI, J.
JULY 10, 2020 'sdp'