Sanjay Gambhir v. Jatinder Manchanda & ORS.

$~O-68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 10/2020 and I.A. 300/2020, I.A. 2656/2020, I.A. 703/2023, I.A. 9562/2023, I.A. 9563/2023, I.A. 9564/2023, I.A. 2903/2024, I.A. 10765/2024, I.A. 33901/2024 SANJAY GAMBHIR .....Plaintiff Through:

Mr. Shiv Chopra, Mr. Shravan Pandey, Ms. Surbhi Arora, Mr.

Siddharth Arora, Mr. Dhananjay Parth and Mr. Sanjay Gambhir, Advs along with plaintiff in person.

Versus

JATINDER MANCHANDA & ORS.

.....Defendants Through:

Mr. P. S. Bindra, Sr. Adv with Mr.

Vinayak Marwah, Adv for D-1, 2 and 3 along with D-1, 2 and 3 in person.

Mr. Sameer Dewan, Adv for D-7 along with D-7 in person.

Mr. Lakshay Dhamija, Mr. Bijoy Lashmi Das and Mr. Vikas Jassi, Advs for D-8 to 11.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 04.03.2025 1.

The parties have entered into a settlement and have signed a settlement agreement dated 04.03.2025. During the course of the hearing, three demand drafts bearing nos. 790587 for an amount of Rs. 62,50,000/-, no. 790580 for an amount of Rs. Rs. 62,50,000 and another bearing no. 024053 for an amount of Rs. 1,25,00,000/- totaling to Rs. 2.5 crores have been handed over to the plaintiff.

2.

The settlement agreement is taken on record. It be made clear that part 'C' of the site plan enclosed alongwith the settlement agreement 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 01/07/2025 at 11:56:59

comprising 164.4 Sq. Yards (6.8%) of the party of the fourth part, Mr. Rakesh Kumar Sahini do not belong to the plaintiff and defendant nos. 4, 5 and 6, rather the same belongs to defendant nos. 8, 9, 10 and 11. 3.

Order XXIII, Rule 3 authorises the Court to pass a decree on a compromise wherein the parties to the dispute have made an arrangement to settle the dispute. It has been comprehensively stated in the provision that the settlement arrived at should meet the essentials laid down therein, namely, (i) the compromise is lawful (ii) it is reduced in writing (iii) it is duly signed by the parties arriving at the compromise. 4.

The settlement has been agreed upon without fear or coercion and the parties appear to have entered into the settlement agreement on their own volition.

5.

All parties to the settlement agreement are present in the Court, and their identity is verified by the learned counsels who appear on their behalf. 6.

The Court is satisfied that the settlement has been arrived at between the parties following due procedure and meeting the essentials specified Order XXIII, Rule 3. Therefore, the parties shall be bound by the aforesaid settlement agreement.

7.

In view of the aforesaid, the civil suit stands decreed in terms of the settlement agreement.

8.

The Registry is directed to draw up a decree sheet. 9.

The civil suit along with the pending applications stands disposed of. 10.

Ordered accordingly.

PURUSHAINDRA KUMAR KAURAV, J MARCH 4, 2025 aks/mjo Click here to check corrigendum, if any 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 01/07/2025 at 11:56:59