Mr. Anand Chaturvedi & ORS. v. Pravesh Chaturvedi & ORS.
$~O-28 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (T) (COMM.) 101/2018 MR. ANAND CHATURVEDI & ORS.
..... Petitioners Through:
Ms.Anju Jain, Mr.Hitesh Sachar, Ms.Riya Dhingra, Advocates along with petitioners No.1 and 2.
versus PRAVESH CHATURVEDI & ORS.
..... Respondents Through:
Mr.
Govind S.
Chaturvedi, respondents No.2 in person.
Mr.Shantanu Chaturvedi, respondent No.3 in person.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
O R D E R
% 15.01.2020 1.
Petitioners No.1 and 2 present in Court along with their counsel submit that they have consent/permission of petitioners No.3, 4 and 5 to settle this matter.
2.
Respondents No.2 and 3 present in Court submit that they have consent/permission of respondents No.1 and 4 to settle this matter. 3.
Both the parties agree to settle this matter on the following terms: (i) The petitioners shall deposit Rs.34 lakhs with the Registrar General of this Court within eight weeks for being paid to respondent No.1 in full and final settlement of the claim of all the respondents. (ii) Upon deposit of the aforesaid amount, the respondents shall handover the vacant and peaceful possession of basement and ground floor of property bearing No.H-39/8, DLF, Phase-I, Gurgaon-122002 and they
shall also execute a registered sale deed in favour of the petitioners or their nominee within two weeks.
(iii) The amount of Rs.34 lakhs to be deposited by the petitioners shall be released to respondent No.1 after the delivery of possession and execution of the registered sale deed.
(iv) The respondents shall provide the inspection of the basement and ground floor of the subject property to the petitioners and/or their authorized representative at a mutually convenient date and time within a period of two weeks.
(v) The respondents have no objection to the petitioner's selling the basement and ground floor of the subject property and they agree to give inspection of the basement and ground floor of the subject property upon receiving advance intimation on their mobile phone at a mutually convenient date and time.
(vi) Respondents No.2 and 3 submit that the entry/exit to the respective portion of property be earmarked and both the parties shall meet on 19th January, 2020 at a mutually convenient time to discuss and resolve this issue.
(vii) The petitioners shall send the draft sale deed to the respondents within three weeks and the respondents shall send their comments thereto within two weeks thereafter. Both the parties shall finalise the format of the draft sale deed to be executed before the expiry of eight weeks. (viii) The respondents shall furnish the copies of the relevant documents relating to the subject property to the petitioners. The petitioners shall send the list of the documents required to the respondents who shall furnish the same within two weeks of receiving the request. 4.
Both the parties undertake to abide by the aforesaid terms of the settlement. The undertaking of the parties is hereby accepted.
5.
The parties shall sign the order sheet before leaving the Court. 6.
Petitioners No.3 and 4 as well as respondents No.1 and 4 shall submit an affidavit within a week agreeing the terms and conditions recorded hereinabove and also an undertaking to abide by the terms of the settlement recorded hereinabove.
7.
This petition is disposed of in terms of this settlement. 8.
This Court appreciates the assistance rendered by learned counsels for both the parties to resolve otherwise a complicated matter. 9.
Copy of this order be given dasti to counsel for the parties under the signature of the Court Master.
J.R. MIDHA, J.
JANUARY 15, 2020 dk