Supreme Court - Daily Orders
The Rajahmundry Diagnostic ... vs Chandra Shekhar Sompally on 7 August, 2015
Bench: Dipak Misra, Prafulla C. Pant
CA 6005/15
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6005 OF 2015
(Arising out of S.L.P.(C) No.20496 of 2015)
The Rajahmundry Diagnostic Laboratories Appellant(s)
(Pvt.) Ltd. and Another
Versus
Dr. Chandra Shekhar Sompally and Another Respondent(s)
WITH
CIVIL APPEAL NO.6006 OF 2015
(Arising out of S.L.P.(C) No.21532 of 2015)
O R D E R
Leave granted.
It is submitted by Mr. Sri Harsha Peechara, learned counsel appearing for the appellants and Mr. K.K. Kishore, learned counsel appearing for the respondents that the parties have entered into a settlement, which has been recorded. The said settlement reads as under:
“Memorandum of Understanding executed between DHRs and JDRs in E.P. No.48/2006 in O.S. No.57/2000 and E.P. No.50/2006 in O.S. No.57/2000 (on the file of Signature Not Verified 1st Addl. District Judge, Rajahmundry) and in O.S. No.10/1999 and O.S. No.57/2000 (on the file of Vth Digitally signed by Chetan Kumar Date: 2015.08.11 17:32:43 IST Reason: Addl. District Judge, Rajahmundry and connected appeals in A.S. 251/2006 and A.S. 343/2006 (on the file of High Court of A.P. and Telangana) CA 6005/15 2 The DHRs and JDRs are agreed to compromise the subject matters referred above.
1. The JDRs in EP 48/2006 and EP 50/2006 in O.S. No.57/2000 agreed to vacate the EP schedule property and deliver vacant possession to the DHRs within 9 (nine) months i.e. from 29-7-2015 to 27-4-2016 without any further delay.
2. The DHRs agreed to extend the time of 9 (nine) months referred above for vacating the EP schedule property in addition to 6 (six) weeks already granted by the Hon'ble High Court. The said 9 (nine) months is commenced from 29-7-2015 to 27-4-2016. This time is extended by the DHRs in view of the JDRs have commenced their construction of new house to shift their residence and laboratory to their new house from the EP schedule property during that period of 9 (nine) months.
3. The JDRs further agreed to deposit Rs.11,000/-
per month towards future damages as per the decree passed in O.S. No.57/2000 continuously without any default till the delivery of possession of EP schedule property to the DHRs.
4. The JDRs agreed to withdraw their SLP 20496/2015 on the file of Supreme Court in view of this compromise.
5. The DHRs entitled to withdraw the entire deposited amounts together with interest deposited by JDRs in to the court for which JDRs shall report no objection. So also the DHRs entitled to withdraw the future deposit amounts as per this compromise.
6. The JDRs agreed that they shall maintain the building in good condition without alteration.
7. If the JDRs failed to handover possession of EP schedule property on the stipulated date or on or before 27-4-2016 the DHRs are entitled to take possession by way of execution as per the decree.
8. The DHRs and JDRs abide by the decrees of the trial court in O.S. No.57/2000 and 10/1999 as well as the decrees in the appeals AS 251/2006 and AS CA 6005/15 3 343/2006 (ON THE FILE OF HIGH COURT OF A.P. AND TELANGANA).
9. The JDRs agreed to give up their claim of specific performance claimed in the suit O.S. No.10/99 by withdrawing their SLP 20496/2015 on the file of Supreme Court.
10. The JDRs and DHRs agreed that they shall not initiate any new proceedings in respect of EP schedule property by virtue of this compromise against each other.
11. The JDRs have agreed to accept the common judgment of the trial court as well as in the High Court referred above.
12. The DHRs agreed that they shall not claim any other damages till 27-4-2016 except Rs.11,000/- per month till deliver of possession of EP Schedule property.
13. Both parties agreed to bear their own costs of the proceedings.
14. The JDRs hereby agreed to accept for delivery of EP schedule property through court by not raising any objection for passing the delivery order.
15. Both parties agreed to cooperate each other for implementation of the above mentioned terms of compromise.
16. Both parties with their free consent accepted the above mentioned terms of compromise.
17. This MOU prepared in three sets and one is to be taken by the DHRs and another one is to be taken by JDRs and the remaining one has to be filed before the execution court i.e. 1st Addl. District Court, Rajahmundry.” The settlement shall be treated as a part of the order of this Court. A decree be drawn up accordingly.
CA 6005/15 4The appeals stand disposed of. There shall be no order as to costs.
......................J. (Dipak Misra) ......................J. (Prafulla C. Pant) New Delhi;
August 07, 2015.
CA 6005/15 5 ITEM NO.39 COURT NO.5 SECTION XIIA 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.20496/2015 (Arising out of impugned final judgment and order dated 06/04/2015 in AS No. 251/2006 passed by the High Court Of Judicature At Hyderabad For The State Of Telangana and The State of Andhra Pradesh) THE RAJAHMUNDRY DIAGNOSTIC LABORATORIES Petitioner(s) (PVT.) LTD. & ANR.
VERSUS CHANDRA SHEKHAR SOMPALLY & ANR. Respondent(s) (With appln. (s) for permission to file additional documents) WITH S.L.P.(C) No.21532/2015 (With interim relief and office report) Date : 07/08/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Mrs. D. Bharathi Reddy, AOR Mr. Sri Harsha Peechara, Adv.
For Respondent(s) Mr. K.K. Kishore, Adv.
Mr. Rameshwar Prasad Goyal, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are disposed of in terms of the signed order.
(Chetan Kumar) (H.S. Parasher)
Court Master Court Master
(Signed order is placed on the file)