Ansal Housing Limited v. Vikas Agarwal

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 2104/2023 & CM APPL. 65979/2023 & CM APPL. 18276-18277/2025 ANSAL HOUSING LIMITED .....Petitioner Through:

Mr. Vikas Tiwari, Mr. Kumar Deepraj and Ms. Arushi Rathore, Advocates versus VIKAS AGARWAL .....Respondent Through:

Mr. Zorawar Singh, Mr. Jayant Rastogi and Mr. Shubham, Advocates

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 29.05.2025 1.

Matter has been amicably settled between the parties. 2.

As per information given by learned counsel for both the parties, the following amount was deposited by the petitioner: - Amount deposited before District Amount deposited before State Commission Rs. 90,41,114/- Rs. 40,45,313/- Commission 3.

Out of the aforesaid amount of Rs. 90,41,114/- which was deposited before the learned District Commission, the respondent has already withdrawn a sum of Rs. 12 lacs and, therefore, the present balance pending the aforesaid two Commissions is under:- Before District Commission Amount deposited before State Commission Rs. 78,41,114/- Rs. 40,45,313/- 4.

In terms of the compromise, the decree-holder submits that his decree would stand satisfied if he is permitted to withdraw a total amount of Rs. CM(M) 2104/2023 1 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 00:49:50

1,13,00,000/- (Rs. 35,00,000/- out of the aforesaid amount of Rs. 40,45,313/- from the learned State Commission and Rs. 78,00,000/- from the learned District Commission out of the aforesaid amount of Rs. 78,41,114/-) and the balance amount with interest accrued, if any, on the entire such amount is permitted to be withdrawn by the petitioner herein i.e. M/s Ansal Housing Ltd.

5.

Learned counsel for the respondent submits that in view of the aforesaid settlement, his decree would stand satisfied and he would make appropriate request in this regard before the learned District Commission where his Execution Petition is pending further adjudication. 6.

Learned counsel for petitioner has also no objection to the aforesaid proposal and, therefore, the present petition is disposed of in aforesaid terms and let the amount be, accordingly, permitted to be withdrawn by the respective parties in terms of the abovesaid arrangement. Once the withdrawal is made, the decree-holder would make appropriate statement before the learned Executing Commission stating that decree stands satisfied. 7.

Learned counsel for petitioner submits that compromise has been done in view of the peculiar facts of the case and, therefore, such compromise may not be taken as a precedent. Ordered accordingly. 8.

Petition stands disposed of as settled in the aforesaid terms. 9.

All the pending applications are also disposed of in the aforesaid terms. 10.

A copy of this order be given dasti under the signatures of the Court Master.

MANOJ JAIN, J MAY 29, 2025/dr/shs CM(M) 2104/2023 2 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 00:49:50