Delhi High Court - Orders
Sanghi Bros Indore Pvt Ltd. & Ors vs Kamlendra Sinh & Anr on 1 November, 2023
Author: Manmohan
Bench: Manmohan
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA(OS) 19/2023
SANGHI BROS INDORE PVT LTD. & ORS. ..... Appellants
Through: Mr.Jayant Bhushan, Sr.Advocate with
Mr.Saurabh Kirpal, Sr.Advocate and
Mr.Atul S.Mathur, Mr.Prabal
Mehrotra, Mr.Umang Katariya,
Mr.Nikhil Arora, Mr.Yojit Mehra and
Mr.Amartya, Advocates.
versus
KAMLENDRA SINH & ANR. ..... Respondents
Through: Mr.Jayant Mehta, Sr.Advocate with
Ms.Vijaya Singh and Ms.Ashita
Chibber, Advocates for R-1.
Mr.Akshil Sibal, Sr.Advocate w ith
Ms.Fareha Ahmad Khan, Advocate
for R.C. Agarwal (HUF).
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 01.11.2023 Caveat No.569/2023
1. Since appearance has been entered upon on behalf of the respondents, the caveat stands discharged.
C.M.Nos.56163-56165/2023
2. Exemption allowed, subject to all just exceptions.
3. Accordingly, the applications stand disposed of. RFA (OS) 19/2023 & C.M.No.56162/2023
4. Present appeal has been filed by the Appellants challenging the judgment dated 6th September, 2023 passed by the learned Single Judge of this court in CS(OS) No.475/2004, whereby the prayer for specific 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 02/11/2023 at 23:29:30 performance was denied and only a lump sum compensation of INR 15 lakhs was granted to the Appellants.
5. The relevant facts of the case are that the Appellants had filed the underlying suit for specific performance of the Memorandum of Understanding (in short 'MOU") dated 02nd December 1998 wherein the Respondent No.1 had agreed, inter alia, that he shall assign and/or sell and or dispose of all his interest in the property, rights, hereditaments, entitlements and claims comprised in the residential house No.A-9/29 Vasant Vihar New Delhi, admeasuring 1200 sq. yds. for a consideration of INR 2.5 Crores.
6. Learned senior counsel for the Appellants points out that the relief for specific performance has been denied despite observing that the Appellants had demonstrated their readiness and willingness to fulfil their obligations in accordance with the MOU. He further states that efflux of time and escalation of price of the property by itself cannot be a valid ground to deny the relief for specific performance. He further states that learned Single Judge has denied the specific performance on the ground of undue hardship to Respondent No.1 despite noting the contumacious conduct of Respondent No.1 in selling the property to R.C Agarwal HUF in gross violation of the order dated 22nd January, 2008, whereby the stay against creation of third- party rights by the Respondent No.1 was made absolute.
7. Issue notice. Ms.Vijaya Singh, Advocate accepts notice on behalf of Respondent No.1.
8. Learned senior counsel for Respondent No.1, who appears on caveat, states that he is equally dissatisfied with the impugned judgement as it does 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 02/11/2023 at 23:29:30 not deal with their primary submission and contention. He further states that Respondent No.1 is in the process of filing a cross-objection.
9. Till further orders, the Registry is directed not to release the original Sale Deed, directed to be deposited with this Court vide order dated 30th August, 2012 in CS(OS) No.475/2004. The parties shall also maintain the status quo with regard to the suit property.
10. At this stage, this Court has asked the learned senior counsel for the parties as to whether the matter could be referred to mediation. Both the senior counsel, on instructions, state that they have no objection if the matter is referred to mediation. Accordingly, with consent of the parties, the matter is referred to Delhi High Court Mediation and Conciliation Centre. The Mediation Centre is directed to appoint a senior Mediator. The parties are directed to appear before the Mediation Centre on 07th November, 2023 at 4.30 P.M. List the matter before Court for reporting of settlement, if any, on 18th December, 2023.
MANMOHAN, J MINI PUSHKARNA, J NOVEMBER 1, 2023 KA 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 02/11/2023 at 23:29:30