Ms. Rosheni Mehra & ORS. v. Charanjit Lal Mehra
$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 723/2019 MS. ROSHENI MEHRA & ORS.
.....Plaintiffs Through:
Mr. Rahul Sharma, Dr. Ishwar Singh, Ms. Jyoti Dutt Sharma, Ms. Praneeta Sharma, Ms. Sonika Rathore, Mr.
Mani Kant, Ms. Shikha Singh, Mr.
Rohit Rana, Advocates versus CHARANJIT LAL MEHRA .....Defendant Through:
Mr. Vaibhav Sharma, Advocate
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 09.12.2025 I.A. 30787/2025 1.
This application has been filed by the Defendant seeking early hearing of I.A. No. 28961/2025 which was jointly filed by the parties under Order XXIII Rule 3 of CPC for taking the affidavit dated 03.11.2025 on record and to dispose of the present Suit in terms thereof. 2.
For the reasons stated in the present Application, the same is allowed and I.A. No. 28961/2025 is being heard today itself. 3.
The present Suit is for specific performance of Memorandum of Understanding/Shareholders Agreement dated 26.12.2012 in favour of the Plaintiffs by directing the Defendant to (i) Transfer 81,000 of the 160,000 common shares held by Defendant in M/s Saraswati Media Ltd, post the CS(COMM) 723/2019 Page 1 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
merger with Ashrika Properties Pvt. Ltd., to Plaintiff No. 2 or his nominee; (ii) Transfer 23% of the Defendant's shareholding post consolidation in Mehrasons Jewellers Private Limited, Naraini Gems & Investments Ltd, M/s Barkha Export Limited and M/s Enchante Jewellery Ltd to the Plaintiff No.l at the nominal consideration amount that was paid by Defendant to obtain shares from Plaintiff No.l under the MOD dated 26.12.2012; (iii) Transfer 31% of the Defendant's shareholding post consolidation in Mehrasons Jewellers Pvt Ltd, M/s Naraini Gems and Investments Ltd, M/s Enchante Jewellery Ltd and M/s Barkha Exports Ltd to Plaintiff No. 2 at the nominal consideration amount that was paid by Defendant to Plaintiff No. 2 to have the shares mentioned in MOU dated 26.12.2012, transferred in the name of the Defendant.
4.
It is stated that vide Affidavit dated 03.11.2025, the Defendant has agreed to the following settlement terms:
"i. A Joint Application will be preferred by the parties herein before this Hon'ble court inter-alia seeking passing of a consent Decree in terms the said Affidavit dated 03.11.2025 and as per the prayer clause [15] of the Suit, in favour of the Plaintiffs and against the Defendant. Hence, the present application;
ii. The Defendant will make statement before this Hon'ble court and/ or any Authority, etc., as per and in terms of his Affidavit dated 03.11.2025 as and when directed or required;
iii. The Memorandum of Understanding (MOU)/ Shareholders Agreement dated 26.12.2012 and Defendant's Affidavit dated 03.11.2025, will be marked as Exhibits;
CS(COMM) 723/2019 Page 2 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
iv. The Defendant will take all the requisite and necessary steps to fulfill, honour, act and perform his part of the contract as per/ in terms of the Agreement/ memorandum of understanding (MOU)/Shareholders Agreement dated 26.12.2012 and as stated in his Affidavit dated 03.11.2025 in favour of the Plaintiffs, before this Hon'ble court and/ or before any Authority, etc [as and when required and/ or directed and/ or need be]."
5.
The settlement terms have been signed by both the parties. 6.
Plaintiff No.2, who is the husband of Plaintiff No.1, the father of Plaintiff No3 and the Karta of Plaintiff No.4, is present in Court today. Defendant is also present in Court today. They have been identified by their respective Counsels. It is stated by the Plaintiff No.2 and the Defendant that they have read and understood the contents of the present Application and the settlement terms. Statements of Plaintiff No.2 and Defendant are recorded in Court.
7.
The settlement entered into between the parties, in terms of Affidavit dated 03.11.2025, is a lawful agreement and, therefore, I.A. No. 28961/2025, under Order XXIII Rule 3 of the CPC for disposing of the present Suit in terms of the Affidavit dated 03.11.2025 is allowed. 8.
In view of the above, the Suit is decreed in terms of the settlement entered into between the parties.
9.
Let a Decree Sheet be drawn in terms of paragraph No.9 of the Affidavit dated 03.11.2025.
10.
Accordingly, the present Suit is disposed of along with the pending applications.
11.
The dates already fixed in the matter before this Court as well before CS(COMM) 723/2019 Page 3 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the learned Joint Registrar stands cancelled. SUBRAMONIUM PRASAD, J DECEMBER 09, 2025 Rahul CS(COMM) 723/2019 Page 4 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.