Ms Shaheed Memorial Society Reg & ANR. v. Capital Land Builders Pvt Ltd & ORS.

$~69 & 52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) 90/2019 & C.M.Nos.24702/2021, 37084/2021, 10119/2023 M/S CAPITAL LAND BUILDER PVT LTD ..... Appellant Through:

Mr.T.K.Ganju, Sr.Advocate with Mr.Aquib Ali and Mr.Shahnawaj, Advocates.

versus M/S SHAHEED MEMORIAL SOCIETY (REG) & ORS ..... Respondents Through:

Mr.Ashish Mohan with Mr.Arjun Choudhary, Mr.Samarth Chowdhary and Mr.Digvijay Singh, Advocates for R-1, 2 & 4.

Mr.Ruchir Mishra with Mr.Sanjiv Kumar Saxena, Mr.Mukesh Kumar Tiwari, Ms.Poonam Shukla and Ms.Reba Jena Mishra, Advocates for UOI.

Mr.Divyam Nandrajog with Mr.Jatin Dua, Advocates for R-11.

+ CONT.CAS(C) 82/2024 & C.M.No.3156/2024 MS SHAHEED MEMORIAL SOCIETY REG & ANR.

..... Petitioners Through:

Mr.Ashish Mohan with Mr.Arjun Choudhary, Mr.Samarth Chowdhary and Mr.Digvijay Singh, Advocates.

versus CAPITAL LAND BUILDERS PVT LTD & ORS...... Respondents Through:

Mr.T.K.Ganju, Sr.Advocate with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Mr.Aquib Ali and Mr.Shahnawaj, Advocates.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 22.01.2024 1.

Learned counsel for the parties are in agreement that the appellant - M/s Capital Land Builders Pvt. Ltd. can sell the land or property on the following terms:- (i) Capital Land Builders Pvt. Ltd. will furnish its entire record of land, banks possessed/owned by it (at the moment) in a sealed cover within two weeks.

(ii) No sale of land will be made below the circle rate and entire consideration towards sale of land will be received through ordinary banking channels in accordance with law i.e. Cheque or RTGS. Capital Land Builders Pvt. Ltd. will furnish details of the sale transaction before this Court. In the event it is discovered that cash transaction towards sale of land has taken place, the defendants i.e. Chowdhary Brahm Prakash fraction shall have the liberty to seek modification of the interim injunction order. (iii) In the event the dispute in the suit is decided in favour of the defendants (Chowdhary Brahm Prakash fraction), the plaintiffs (Sachdeva & Kishore Lal fraction) will render their accounts. (iv) If a settlement is reached before disposal of the suit, parties shall be free to approach for modification of the interim injunction order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

In accordance with the aforesaid consensual agreement, the present appeal and contempt petition are disposed of along with the pending applications. The learned Single Judge is requested to decide the suit as well as the contempt applications filed by the parties as expeditiously as possible. 3.

It is clarified that the aforesaid consensual agreement has been arrived at without prejudice to the rights and contentions of the parties in the proceedings that are pending. This Court clarifies that it has not commented on the merit of the controversy.

ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J JANUARY 22, 2024 KA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.