Supreme Court - Daily Orders
Rinku Balodhi vs Bharat Balodhi on 13 November, 2021
Bench: A.M. Khanwilkar, C.T. Ravikumar
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ITEM NO.14 Court 3 (Video Conferencing) SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 25591/2020
(Arising out of impugned final judgment and order dated 10-04-2019
in CM(M) No. 1305/2018 passed by the High Court Of Delhi At New
Delhi)
RINKU BALODHI Petitioner(s)
VERSUS
BHARAT BALODHI & ORS. Respondent(s)
(IA No. 127066/2020 - CONDONATION OF DELAY IN FILING)
Date : 13-11-2021 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE MR. JUSTICE C.T. RAVIKUMAR
For Petitioner(s)
Mr. Varinder Kumar Sharma, AOR
For Respondent(s)
Ms. Anu Gupta, AOR
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
After some persuasion, the parties have finally arrived at amicable settlement as noted in the mediation report. The terms of Settlement Agreement arrived at between the parties duly signed by both sides in our Signature Not Verified Digitally signed by NEETU KHAJURIA presence in Court with full understanding and Date: 2021.11.17 16:43:16 IST Reason: responsibility. The same reads thus:
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"SUPREME COURT MEDIATION CENTRE (Under the aegis of the Supreme Court Legal Services Committee) SLP (CIVIL) DIARY NO. 25591 OF 2020 IN THE MATTER OF:
RINKU BALODHI ..…PETITIONER
VERSUS
BHARAT BALODHI & ORS. …..RESPONDENTS
Present:
Ms. Rinku Balodhi, Petitioner-in-person along with Mr. Varinder Kumar Sharma, Advocate for Petitioner.
Mr. Bharat Balodhi, Respondent No.1-in-person along with Ms. Anu Gupta, Advocate for the Respondents.
MEDIATION REPORT Comprehensive mediation session were held with the parties separately and jointly on 20.10.2021 through physical mode. After detailed individual sessions and joint sessions as well, both the parties have resolved their issues/ differences and have entered into following settlement qua their all the disputes.
SETTLEMENT AGREEMENT This Settlement Agreement is entered into between Smt. Rinku Balodhi, W/o Late Shri. Balodhi (hereinafter referred as Petitioner / Sister-in-Law) AND Sh. Bharat Balodhi, S/o Late Shri. Balodhi (hereinafter referred as Respondent No.1/ Brother-in Law) & Mrs. Bhawna Moitra (Respondent No.2/ Sister-in- Law).
That vide order dated 01.10.2021 passed by Hon'ble Mr. Justice A. M. Khanwilkar and Hon'ble Mr. Justice C.T. Ravikumar, this matter has been referred to Supreme Court Mediation Centre.
1. That the list of cases pending between the parties before different Courts is as under:-
i. Suit bearing CS ADJ No.9723/ 2016 pending in the Court of ADJ 3 (South East), Saket Court, New Delhi, filed by the Petitioner/Sister-in- Law/Rinku Balodhi for partition of properties. ii. PC 42/2015 (PC No.1509/2016) pending in the Court of ADJ (South East), Saket Court, New Delhi, filed by the Respondents No.1 & 2 Mr. Bharath Balodhi & Bhawana Moitra for probate of WILL dated 27.04.2011 made by the father of Mr. Bharath Balodhi & Mrs. Bhawana Moitra.
2. That comprehensive mediation sessions were held with the parties today i.e. on 20.10.2021 and parties have entered into a final settlement / agreement on the following terms & conditions. That, both the parties hereto confirm and declare that they have, voluntarily and of their own free will have decided to amicably arrive at the following settlement in the presence of the Mediator and their respective Counsels.
3. Both the parties have resolved their disputes/differences amicably in the following manner:
i. The Respondent No.1 & 2 i.e. Mr. Bharat Balodhi and Mrs. Bhawna Moitra have agreed to give only the residential rights to their Sister in Law/ Mrs. Rinku Balodhi, (Petitioner in the captioned Special Leave Petition) of the 2nd Floor at their house bearing No. L-1/137B, DDA Flats, Kalkaji, New Delhi-110019 where she is presently residing and in occupation of the same till her life time without any interference from the Respondents/legal heirs or their assignees, relatives or counterparts or anybody else.
ii. Deleted iii. The said 2nd Floor in occupation of the Petitioner/Rinku Balodhi shall not be sold or rented out by either of the parties during the lifetime of the Petitioner/Rinku Balodhi.
iv. The Petitioner shall have right to entertain her family/friends in the said 2nd floor premises of Kalkaji house during her lifetime in peaceful manner.
v. The Petitioner shall not have any right, title or interest (except for the residential rights on 2nd Floor of Kalkaji House during her lifetime) in the following properties hereinafter:
a. House bearing No. L-1/137B, DDA Flats, Kalkaji, New Delhi-4
110019 b. Khasra No.124M, Zumla Chautarphal, Gram Chak, Raipur, Pargana, Parwadun, Zila-Dehradun, Uttarakhand.
vi. The Petitioner, her legal heirs or her assignees, relatives whatsoever shall not have any right, title or interest in the aforesaid two properties either during or after the lifetime of the Petitioner/Mrs. Rinku Balodhi.
vii. Both the Respondents have agreed amicably that there shall be no interference in the possession of each other’s portions at all and both will cooperate with other to maintain the relations cordial.
viii. The Petitioner/Mrs. Rinku Balodhi shall cooperate and tender her NOC/any affidavit OR other such document before any competent Authority necessary for the purpose of transfer/mutation of the aforesaid two properties.
4. Both the parties have further agreed to resolve their disputes/differences and the Petitioner has amicably given up her right/title or any claim of whatsoever kind on the aforesaid two properties (except for the residential rights on 2nd Floor of Kalkaji House during her lifetime) subject to the payment of Rs.2,50,000/- (Rs. Two Lakhs & Fifty Thousand Only) to her by the Respondents. The same shall be full and final settlement of all the disputes between the parties.
5. The Respondents No.1 & 2 shall pay full and final settlement amount of Rs.2,50,000/- (Rs. Two Lakhs & Fifty Thousand Only) by the way of Demand Draft to the Petitioner/Mrs. Rinku Balodhi on the date of withdrawal of the partition suit filed by her (Mrs. Rinku Balodhi) bearing number CS ADJ No.9723/ 2016 and pending in the Court of ADJ (South East), Saket Court, New Delhi and on giving NOC by the Petitioner (Mrs. Rinku Balodhi) in favour of the Respondents No.1 & 2 in the probate proceedings filed by them in the case bearing PC No.42/2015 (PC No.1509/2016) pending in the Court of ADJ (South East), Saket Court, New Delhi on the next date of hearing in the said matters/cases.
6. Both the parties undertake that henceforth, they would not interfere in the life of each other by any means and would not file any civil/criminal complaint or any case against each other or their family members with regard to their respective possession/occupation of the Kalkaji house or in 5 relation to the Dehradun property. Both the parties also undertake to withdraw any other pending cases, if any, which have been filed against each other and/or their respective families.
7. It is further agreed that none of the parties shall take any coercive action against each other before or after the withdrawal of the above said cases.
8. By signing this Agreement, the parties hereto solemnly state and affirm that they have no further claims or demands against each other and all the disputes and differences have been amicably settled by the parties hereto through the process of Mediation.
9. The parties undertake before this Hon’ble Court to abide by the terms and conditions set out in the above-mentioned Agreement, which have been arrived without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth.
10. That both the parties have gone through the details of the aforesaid terms of settlement agreement and have understood the same.
11. That the parties are accordingly signing this settlement agreement in presence of the following persons, to authenticate their will to comply the same as agreed above.
( ___Sd/-________) ( _______Sd/-____)
Petitioner/Mrs. Rinku Balodhi Respondent No.1 & 2/Bharat Balodhi
for self & for his sister
Mrs. Bhawna Moitra
(Varinder Kumar Sharma) (Anu Gupta)
Advocate for the Petitioner Advocate for the Respondents No.1 & 2
Dated:13.11.2021 PRAVEENA GAUTAM
Advocate/Mediator
Supreme Court of India"
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In addition to the Settlement Terms, the petitioner who is present in Court submits that she has no intention to remarry or adopt anyone during her life time. That assurance given is placed on record.
Besides that, the parties have agreed for modification of Clause 3(ii). The original clause in the agreement stands deleted and the modified clause which is not noted in the signed agreement would read thus:-
"3 (ii) In case, the petitioner Ms. Rinku Balodhi remarries or permits any third person not related to the parties to reside in the premises, she would lose her right to lifetime residence in the said 2nd Floor of Kalkaji House and the same will come to end within three months on giving such notice on the basis of substantiated allegation(s) of the respondent(s) against the petitioner, upon which the petitioner will have to vacate the stated premises without any demur."
The petitioner who is present in Court has understood this stipulation and has agreed to abide by the same being Court ordered condition.
The respondent-Bharat Balodhi who is present in Court with full understanding and after interaction with his lawyer has also agreed to abide by this arrangement, in addition to the terms and conditions specified in the signed agreement. Copy of the signed agreement is taken on record marked as "X" and will be treated as part of 7 this order.
The apprehension of Mr. Varinder Kumar Sharma, learned advocate appearing for the petitioner in reference to clause 3(vi), in our view, is misplaced. That stipulation does not mean that the petitioner will have to vacate the premises during her life time. It is only to clarify the position that the petitioner will have no right, title or interest in the premises either herself or anyone claiming to her.
In view of the arrangement agreed upon in the signed Settlement Agreement as well as the modified clause 3(ii) noted above, the matter stands disposed on that basis. Both parties appearing in-person before the Court undertake to abide by the obligations mentioned in the terms and conditions of the Settlement Agreement and the conditions specified in this order.
If any dispute arises between the parties in reference to the condition articulated in this order being Clause 3(ii), the parties are at liberty to apply to this Court.
We place on record a word of appreciation for the sincere efforts put in by the Court appointed Mediator, Ms. Praveena Gautam, but for whose efforts the parties 8 may not have been able to arrive at this settlement. We say so because the parties were made to interact even after reporting failed settlement and eventually, they were persuaded by the Mediator to amicably resolve all contentious issues.
Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)