Ms.Shruti Anand @Shruti Grover v. Tushar Anand @ANR
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2409/2015 MS.SHRUTI ANAND @SHRUTI GROVER ..... Plaintiff Through:
Mr. S. K. Sharma, Mr. Prayas Aneja & Mr. Rahul Sharma, Advs.
Mrs. Shruti, Plaintiff in person.
versus TUSHAR ANAND @ANR ..... Defendants Through:
Mr. Aakash Sherwal, Adv. for D-1.
Mr. Atul Kumar, Adv. for D-2.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
O R D E R
% 02.08.2018 I.As.10220-10223/2016, I.A.15538/2016 & I.A.9200/2018 Present applications have been filed seeking various reliefs including setting aside of the consensual decree dated 15th March, 2016 passed by the learned predecessor of this Court in accordance with the Family Settlement dated 08th March, 2016 . However, learned counsel for the parties have today handed over additional settlement terms and conditions as incorporated in the Memorandum of Family Settlement dated 02nd August, 2018. On the directions of this Court, the registry has numbered the new joint application filed under Order XXIII Rule 3 CPC as I.A. no.10278/2018. It is pertinent to mention that the Present joint application i.e. I.A. no.10278/2018 has been signed by learned counsel for the
plaintiff and defendants as well as by the parties to the litigation. Present application is also supported by the affidavits of the plaintiff and the defendants. The parties are also personally present in Court. Learned counsel for the parties state that whatever doubts or differences they had with regard to the earlier settlement have now been resolved in accordance with the new Memorandum of Family Settlement dated 02nd August, 2018. Learned counsel for the parties further assure and undertake to this Court that the parties shall comply with the additional settlement terms mentioned in the Memorandum of Family Settlement dated 02nd August, 2018. Today learned counsel for defendant no.1 has handed over the following post-dated cheques in accordance with the Memorandum of Family Settlement dated 02nd August, 2018:- S.No.
Amount Cheque No. and Date Bank Drawn on 1.
2,50,000/- 128570 dated 20.11.2018 State Bank of India, Greater Kailash- II, New Delhi 2.
5,00,000/- 128571 dated 31.01.2019 State Bank of India, Greater Kailash- II, New Delhi The plaintiff who is personally present in the Court has accepted the above cheques in full and final settlement. The aforesaid statements, assurances and undertakings given by learned counsel for the parties are accepted by this court and the parties are held bound by the same.
This Court has also perused the new compromise application and is of the opinion that the same is lawful.
Consequently, the decree dated 15th March, 2016 is modified in accordance with the additional terms and conditions of the Memorandum of Family Settlement dated 02nd August, 2018, a copy of which is marked as Ex. C-2. Registry is directed to prepare a comprehensive decree sheet in accordance with the Family Settlement dated 08th March, 2016 as well as the additional terms and conditions mentioned in the Memorandum of Family Settlement dated 02nd August, 2018.
As a token of acceptance of the order passed today, the parties and their counsel are directed to sign today's order sheet. MANMOHAN, J AUGUST 02, 2018 j