Delhi High Court - Orders
Riddhi Aggarwal & Anr vs Aditya Bhutani & Anr on 6 February, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 9/2023 & CAV 3/2023, CAV 4/2023, I.A. 51/2023
RIDDHI AGGARWAL & ANR. ..... Plaintiffs
Through: Mr. Prashant Sharma, Advocate.
[M:- 8178389964]
versus
ADITYA BHUTANI & ANR. ..... Defendants
Through: Mr. Chanchal Kumar Jha,
Advocate. [M:- 9953560704]
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 06.02.2023
CS(OS) 9/2023
1. The plaint be registered as a suit. Issue summons to the defendants. Mr. Chanchal Kumar Jha, learned counsel, appears on caveat and waives formal service of summons on behalf of the defendants.
2. The summons shall indicate that the written statements must be filed within thirty days from the date of receipt of the summons. The defendants shall also file affidavits of admission/denial of the documents filed by the plaintiff, failing which the written statements shall not be taken on record.
3. The plaintiff is at liberty to file replications thereto within fifteen days after filing of the written statements. The replications shall be Signature Not Verified Digitally Signed By:SHITU NAGPAL CS(OS) 9/2023 Page 1 of 3 Signing Date:08.02.2023 11:52:52 accompanied by affidavits of admission/denial in respect of the documents filed by the defendants, failing which the replications shall not be taken on record.
4. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
5. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
6. List before the Joint Registrar for marking of exhibits on 13.03.2023.
7. List before the Court on 29.03.2023.
I.A. 50/2023(Application under Order XXXIX Rule 1 and 2 of the CPC)
1. The plaintiffs have filed the suit for specific performance of an agreement to sell dated 07.07.2021 between them and defendant No. 1. The agreement to sell contemplated sale of the ground floor of the suit property [2/9, Kalkaji, New Delhi] by the defendant No. 1 to plaintiffs. Defendant No. 2 is a builder entrusted with construction of the suit property.
2. Mr. Chanchal Kumar Jha, learned counsel appearing for the defendants, states that the defendants are agreeable to the agreement being performed subject to payment of the sale consideration by the plaintiffs. However, he states that the construction on the property has been impeded by the plaintiff. Mr. Jha submits that if the defendants are allowed to complete the construction, it shall be done within the maximum period of three months.
3. Mr. Prashant Sharma, learned counsel for the plaintiffs, states that they do not intend to impede the construction in any manner and they are Signature Not Verified Digitally Signed By:SHITU NAGPAL CS(OS) 9/2023 Page 2 of 3 Signing Date:08.02.2023 11:52:52 agreeable to the construction being completed within the period of three months.
4. As far as the amount paid by the plaintiffs under the agreement to sell and the balance amount payable is concerned, learned counsel for the parties are at issue and seek reference to mediation so that the amount can also be settled between them.
5. It is directed that the defendants complete the construction of the suit property within the aforesaid period of three months. Mr. Sharma assures the Court that the plaintiff will not, themselves or through any of their family members or associates, impede this process in any manner. Mr. Jha states that status quo will be maintain as to title and possession of the suit property and no third party interest will be created during the pendency of the present application.
6. With the consent of learned counsel for the parties, the parties are referred to Samadhan, Delhi High Court Mediation and Conciliation Centre, Shershah Road, Delhi-110503.
7. The parties will appear before the mediator on 16.02.2023.
8. The learned mediator is requested to furnish a report to the Court before the next date of hearing.
9. List before the Court on 29.03.2023.
PRATEEK JALAN, J FEBRUARY 6, 2023 'pv'/ Signature Not Verified Digitally Signed By:SHITU NAGPAL CS(OS) 9/2023 Page 3 of 3 Signing Date:08.02.2023 11:52:52