High Court of DelhiCS(OS)/911/2024

M/S City Home Developers Pvt. Ltd v. Vinod Kumar Talwar & ANR.

2025-02-14Hon'Ble Mr. Justice Subramonium Prasad8 pages

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + M/S CITY HOME DEVELOPERS PVT. LTD .....Plaintiff Through:

Mr Dinesh Garg and Ms Rachna Agrawal Advocates with Plaintiff Director in person versus VINOD KUMAR TALWAR & ANR ......Defendants Through:

Mr Jaspreet Singh Rai, Mr Rohit Nagpal, Mrs Sukhdeep Kaur Rai, Mr Krish Mahajan, Advs.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 14.02.2025 1.

The instant suit has been filed for grant of decree directing the Defendant to execute a sale deed in specific performance of an oral agreement to sell dated 05.05.2024 in respect of the plaint schedule property which is described as First Floor consisting of one Drawing Dining, three Bedrooms with attached Bathrooms, one Kitchen with usage rights of one Servant Quarter having common Toilet on the third floor of the Terrace and one Car Parking space inside the building along with proportionate undivided, indivisible and impartible ownership rights in the freehold plot of land measuring 325 sq. yds., bearing No.C-401, situated at Defence Colony, New Delhi and the other rights.

Pending the suit, the parties were referred to mediation. A settlement agreement dated 11.02.2025 was entered into between the parties before the Delhi High Court Mediation & Conciliation Centre. The settlement agreement reads as under:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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

A perusal of the settlement agreement indicates that the Defendant has agreed to pay a sum of Rs.2,10,00,000/- by way of two pay orders vide pay orders dated 06.02.2025 drawn on State Bank of India, Defence Colony, New Delhi one being Rs.1,95,00,000/- and the other for a sum of Rs.15,00,000/- have been handed over by the Defendant to Mr. Vivek Batra, Director of the Plaintiff, who is present in Court. Mr. Vivek Batra, Director of the Plaintiff, has seen the pay orders and is satisfied that the pay orders are correct and drawn in the proper name. The settlement agreement has therefore been acted upon.

The Director of the Plaintiff who has the resolution in his favour to represent the Petitioner on behalf of the Plaintiff has been identified by the learned Counsel for the Plaintiff. Defendant No.1, who is present in Court has been identified by the learned Counsel for the Defendant. 5.

Mr. Vivek Batra, Director of the Plaintiff, who represents the Plaintiff, has given his statement that the entire amount has been received in full satisfaction of the claims of the Plaintiff. The Defendant also states that he has entered into the settlement with the Plaintiff without any coercion or undue influence. The parties state that they have understood the settlement agreement.

This Court is of the opinion that the settlement agreement is valid. Both sides are bound by the respective clauses in the agreement. 7.

The suit is disposed of in terms of the settlement agreement along with pending application(s), if any. Let the decree sheet be drawn in terms of the settlement agreement.

In view of the fact that the parties have settled the disputes in terms of the settlement agreement, let full court fee be refunded to the Plaintiff in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

terms of Section 16 of the Court Fees Act.

SUBRAMONIUM PRASAD, J FEBRUARY 14, 2025 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.