Delhi High Court - Orders
Nirmal Wadhawan vs Govt Of Nct Of Delhi & Anr on 20 February, 2025
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 78/2015
NIRMAL WADHAWAN .....Petitioner
Through: Appearance not given
versus
GOVT OF NCT OF DELHI & ANR .....Respondents
Through: Ms. Avni Singh, Panel Counsel for
GNCTD, Ms. Prapti Singh, Advocate.
Mr. R.V. Sinha, Mr. A.S. Singh, Mr.
Amit Sinha, Ms. Nidhi Singh, Ms.
Shriya Sharma, Advocates for
Respondent No.2
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 20.02.2025 I.A. 40693/2024
1. This application under Order XXII Rule 3 of the CPC has been filed on behalf of the Petitioner for bringing on record the legal representatives of the Petitioner herein who passed away on 18.06.2024.
2. It is stated that the Petitioner is survived by a son - Mr. Deepak Wadhawan, and a daughter - Mrs. Sanya Vinaik.
3. There is no objection from the Respondents to the present application.
4. For the reasons stated in the application, the same is allowed.
5. Let the Legal Representatives of the Petitioner herein be brought on record.
6. Let the amended Memo of Parties be filed within a week from today.
TEST.CAS. 78/2015 Page 1 of 6This 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 14/03/2025 at 22:38:47
7. The application is disposed of.
I.A. 4589/20251. This application under Order XXIII Rule 3 of the CPC has been jointly filed by the parties for disposing of the present Petition in terms of the Settlement Agreement dated 07.02.2025, entered into between the parties.
2. The present Petition under Section 276 of the Indian Succession Act, 1925 has been filed by the Petitioner seeking grant of probate in respect of the Will dated 12.05.2015 of Late Mrs. Raj Soni.
3. The Petitioner and the Respondent No.2 are siblings. It is stated that during the pendency of the present petition the Petitioner herein has passed away on 18.06.2024. It is stated that a Settlement Agreement has been entered into between the Legal Heirs of the Petitioner herein and the Power of Attorney of Respondent No.2. The Settlement Agreement reads as under:
"This out of court settlement is executed at New Delhi on this 07th day of February 2025 BETWEEN Deepak Wadhawan S/o Shri Sudarshan Kumar Wadhawan, RIO KD-32, Pitampura, Delhi, only son and one of the legal heirs of Late Nirmal Wadhawan '(hereinafter called First party) AND Mr. Punit Soni s/o O.P Soni RIO 331, Jagriti Enclave, Vikas Marg, New Delhi -110092, the power of attorney of Mrs. Susheela Paul in the test case no. 78/2015 (hereinafter called Second party) WHEREAS Dispute with respect to immovable property No. H-3, Kasturba Niketan Complex, Lajpat Nagar -II, New Delhi, measuring 40 Sq. Yards.TEST.CAS. 78/2015 Page 2 of 6
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 14/03/2025 at 22:38:47 pending before the Hon'ble Delhi High Court as test case no.78/2015. titled as Nirmal Wadhawan VS. NCT of Delhi and Anr. between Late Nirmal Wadhwan and Mrs. Susheela Paul.
AND WHEREAS Late Nirmal Wadhawan have only one son namely Deepak Wadhawan and a daughter Mrs. Sanya Vinaik w/o Sanjay Vinaik. Mrs. Sanya Vinaik is living in USA and has relinquished her shares in favour of her brother Deepak Wadhwan.
AND WHEREAS after the death of Late Nirmal Wadhawan on 18.06. 2024, the application under order 22 rule 3 of CPC filed on behalf of the only son of Late Nirmal Wadhawan the petitioner which is pending before the Hon'ble high court of Delhi in the test case no. 78/2015.
AND WHEREAS Mrs. Susheela Paul as living abroad is being represented by the second party as her power of attorney in the present test case no. 78/2015.
AND WHEREAS parties above mentioned have decided to settle the dispute amicably and resolve the dispute as full and final.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, it is decided by the Parties to agree on the broad understanding contained in this Terms of out of court settlement, which are as follows:
NOW THE TERMS OF OUT OF COURT SETTLEMENT ARE AS UNDER:-
1. That the parties above mentioned have agreed that the immovable property No. H-3, Kasturba Niketan Complex, Lajpat Nagar -II, New Delhi, measuring 40 Sq. Yards which is the suit property in the test case no.TEST.CAS. 78/2015 Page 3 of 6
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 14/03/2025 at 22:38:47 78/2015 shall be sold by the parties to the highest prayer of the property.
2. That as the possession of ground floor is with the first party and the first floor is with the second party hence both the parties shall hand over the duplicate keys of the respective floors to other party to facilitate the process of sale of the property and to negotiate for the sale.
3. That the keys for the ground floor is to be handed over to Mr. Punit Soni the second party, hence he shall be liable to make payments to the first party immediately on receiving the payments from the purchaser
4. That the proceed of the sale shall be divided between the parties in the ratio of 30% to the first party and 70% to the second party.
5. That as the second party shall receive the payment in his name being the power of attorney of Mrs. Susheela Paul, hence, he will distribute the sale proceed in the ratio mentioned above after deducting the actual tax being paid on the sale proceed if any.
6. That the parties shall divide the cash amounts received in the same ratio mentioned above immediately on receiving the cash amount if any.
7. That the negotiation process of the sale of the property No. H-3, Kasturba Niketan Complex, Lajpat Nagar -II, New Delhi shall take place in the presence of both the parties.
8. That the agreement to sale of property No. H-3, Kasturba Niketan Complex, Lajpat Nagar -II, New Delhi shall be signed/executed in the presence of both TEST.CAS. 78/2015 Page 4 of 6 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 14/03/2025 at 22:38:47 the parties and the first party shall be one of the witnesses and all the sale consideration shall be received in the Presence of both the parties. The amount said received shall be distributed immediately on receiving.
9. That the second party has assured the first party that the process of sale shall be completed within 3 months from the date of agreement comes to force by presenting the same before the Hon'ble High court of Delhi.
10. That the parties above mentioned shall withdraw the test case no.78/2015. titled as Nirmal Wadhawan VS. NCT of Delhi and Anr. between Late Nirmal Wadhawan and Mrs. Susheela Paul pending before the Hon'ble Delhi High Court on conclusion of the sale and after the distribution of the sale proceed mentioned as above.
IN WITNESS WHERE OF the both parties set their hands respectively on the day, month and year as mentioned above in the presence following witnesses."
4. Mr. Deepak Wadhawan, is present in Court and Mrs. Sanya Vinaik has joined the proceedings through video conferencing. Mr. Punit Soni, who is the Power of Attorney of Respondent No.2, is also present in Court.
5. It is stated by the parties that the Settlement Agreement has been entered into between the parties without any coercion or undue influence. It is stated by the Legal Representatives of the Petitioner herein and the Power of Attorney of the Respondent No.2 that they are bound by the Settlement Agreement.
6. Statements of the Legal Representatives of the Petitioner herein and the Power of Attorney of the Respondent No.2 herein are taken on record.
TEST.CAS. 78/2015 Page 5 of 6This 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 14/03/2025 at 22:38:47
7. The application is allowed and disposed of.
8. The Petition is disposed of in terms of the Settlement Agreement dated 07.02.2025. Pending applications, if any, also stand disposed of.
9. List before the Joint Registrar for further proceedings.
SUBRAMONIUM PRASAD, J FEBRUARY 20, 2025 Rahul TEST.CAS. 78/2015 Page 6 of 6 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 14/03/2025 at 22:38:47