Delhi High Court - Orders
Manoj Chhibber vs P.D. Rustagi on 16 August, 2022
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA 475/2019 & CM APPL. 38657/2021
MANOJ CHHIBBER ..... Appellant
Through: Mr. Puneet Vinay and Ms.
Pushpa Chhibber, Advs.
versus
P.D. RUSTAGI ..... Respondent
Through: Mr. P.K.Rawal and Mr. Tarun
Agarwal, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (ORAL)
% 16.08.2022 RFA 475/2019 & CM APPL. 38657/2021
1. The dispute between the parties stands amicably resolved with the intervention of the Delhi High Court Mediation and Conciliation Centre vide Settlement agreement dated 5th May 2022.
2. The operative paragraphs of the settlement read thus:
"1. That both the parties have agreed that they will withdraw their respective suits, complaints, appeal, CM (Main) Petitions, police complaint etc. from the concerned courts/authorities within 15 days of signing of this Settlement.
2. That as agreed between the parties, the First Party has already voluntarily removed all their belongings from the said premises i.e. 4/25A, Racquet Court Road, Civil Lines, New Delhi and already handed over the actual, vacant and peaceful possession in respect of the said property to the Second Party before the Hon'ble High Court of Delhi at New Delhi in Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI RFA 475/2019 Page 1 of 4 Signing Date:18.08.2022 16:54:27 February, 2021. It has been further agreed that after the settlement and after signing this agreement, the First Party shall not claim any right, title and interest whatsoever of any nature in the said property and further agreed that the same exclusively belongs to the Second Party being its owner thereof and the Second Party shall deal with the said property as per his own choice and desire.
3. That as mentioned above, an amount of Rs.4,80,000/-
(Rupees four lakhs and eighty thousand only) are lying before the Hon'ble High Court of Delhi at New Delhi which was deposited by Shri Manoj Chhiber of the First Party and as agreed between the parties, the said amount shall be released to the Second Party along with interest accrued thereupon. The Second Party shall file an appropriate application before the Hon'ble High Court of Delhi at New Delhi for the release of the amount along with interest, if any, in his favor and the First Party shall cooperate in getting the FDR released in favor of the Second Party by signing requisite affidavit/NOC in favor of the Second Party.
4. That it is agreed between the parties that at the time of signing of the agreement, the First Party agreed and undertaken that they shall not proceed with the litigation including the suit for Specific Performance and withdraw the same and also not claim any amount of any nature including the so called/ alleged amount in the said suit for specific performance. The First Party undertakes to move an appropriate application in this regard for the withdrawal of the said suit.
5. That party of Second Party already receipt of the actual, vacant, peaceful and physical possession of the property bearing no. 4/25 A, Racquet Court Road, Civil Lines, New Delhi, in February 2021. The Second Party shall give an Affidavit/ Cum No Objection Certificate in favor of the First Party for the purpose of quashing the FIR bearing no. 0161/2018 P.S Civil Lines, Delhi.
6. That First Party shall file a petition for quashing of the FIR No. 0161/2018 P. S. Civil Lines, Delhi before the Hon'ble High Court of Delhi within 15 days from the release of the above said FDR in favor of the Second Party. The Second party agrees to cooperate and provide requisite Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI RFA 475/2019 Page 2 of 4 Signing Date:18.08.2022 16:54:27 NOC/Affidavits in this regard in favor of the First Party. The Second Party further agrees to appear before the Hon'ble court whenever the said petition.
7. That the Second Party also undertakes to withdraw his suit bearing No.816/2018 titled "Purshottam Rustagi Vs. Shri Manoj Chibber pending before the Hon'ble Court of Shri Jitender Singh, Addl. District Judge, Delhi including the Execution Petition No.356/2021 and in the similar manner, the First Party shall also withdraw the litigations/appeal/Civil Misc. Main Petition pending before the Hon'ble High Court of Delhi at New Delhi within 15 days of the signing of the present Settlement Agreement.
8. That both the parties further agreed that they shall not file any complaint/suit/any other case against each other before any court of law or Forum and any complaint/suit/any other case filed by one party against another party shall be treated as settled forever. In case any other case will be found against each other, the same shall be treated as null and void."
3. Learned Counsel for the parties agree on behalf of their respective clients to abide by the aforesaid terms of settlement.
4. The appeal accordingly stands disposed of in terms of the aforesaid settlement dated 5th May 2022.
5. In accordance with para 3 of the settlement, the Registry is directed to disburse, to the respondent, the amount of ₹ 4,80,000/- deposited by the appellant with this Court, along with interest thereon accrued thereon, if any, on the respondent approaching the Registry in that regard.
6. As learned Counsel for the appellant has no objection to the release of the aforesaid amount, the formality of filing a formal Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI RFA 475/2019 Page 3 of 4 Signing Date:18.08.2022 16:54:27 application by the respondent and grant of NOC by the appellant, as envisaged by the para 3 of the settlement agreement is, with due consent of the parties, dispensed with.
C. HARI SHANKAR, J AUGUST 16, 2022 dsn Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI RFA 475/2019 Page 4 of 4 Signing Date:18.08.2022 16:54:27