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$-6 HIGH COURT OF DELHI FAO(OS) 26112m, CM APPL. 8541/2013
SHREE NAURANG GODAVARIENT. LTD & ORS Appellant
Through: Mr. Darpan Wadhwa, Mr. Varun Singh and Ms. Roshni Namboodiry, Advocates.
SHREE NAURANG GODAVARIENT. LTD & ORS Appellant
Through: Mr. Darpan Wadhwa, Mr. Varun Singh and Ms. Roshni Namboodiry, Advocates.
VERSUS
MURLI PROJECTS PVT LTD Respondent
Through; Dr. Adish C. Aggarwala, Sr.
Advocate with Mr. Amish Aggarwala ^ and Mr. Abhinav Singh, Advocates./
Through; Dr. Adish C. Aggarwala, Sr.
Advocate with Mr. Amish Aggarwala ^ and Mr. Abhinav Singh, Advocates./
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE NAJMIWAZIRI
ORDER o/o 06.08.2013 Learned counsel for the parties submit that inter se disputes were settled in terms of settlement dated 21.4.2013 which was recorded in the order of the Court dated 24.5.2013. It is submitted that the appellant wasto or pay asum of Rs. 5,00,00,000/- in compliance by 2>\.12m. The appellant, did not do so; the parties have since agreed to extend the time and agreed to modify the term with regard to the first payment which was to be made on
31.7.2013 i.e. the terms of clause 3(a)(i). It is submitted that the said amount ofRs. 5,00,00,000/- is sought to be paid to the respondents through three cheques i.e. cheque bearing No. 013113 dated 05.9.2013 amounting to
' Rs. 2,00,00,000/-, cheque bearing No. 013114 dated 25.9.2013 amounting to
Rs. 3,00,00,000/- and cheque bearing No. 013115 dated 25.9.2013
2013:DHC:7337-DB amounting to Rs. 20,00,000/-. It is agreed by the parties that the rest of the terms shall bind them especially the petitioner. The undertaking of Mr. Rajpal Navrang Yadav and Ms. Radha Rajpal Yadav, both dated 21.4.2013 are on the record which shall be treated as undertaking given to the Court; to the extent that they would make payment of a sum of Rs. 5,00,00,000/- and , to the extent the terms shall stand modified.
It is further agreed by counsel for the parties that upon receipt of the entire amount agreed in terms of the settlement, all disputes should be deemed settled and that the present appeal can be disposed off. Counsel for the respondent further states that in the event of default by the appellant, it would be open to the respondent to seek enforcement of the undertaking given to this Court on 21.4.2013 (these are found at page nos. 508 to 511 of the paperbook). In the eventuality ofnon-compliance ofterms of settlement, the respondent can seek enforcement and execution of the undertaking in :
I j accordance with law.
The appeal is disposed off accordingly. The rights of the parties especially of the respondents to seek remedial action for breach of the settlement terms, is expressly reserved.
S. RAVINDRA BHAT, NAJMI WAZIRI, J AUGUST 06,2013 mv
2013:DHC:7337-DB
HON'BLE MR. JUSTICE NAJMIWAZIRI
ORDER o/o 06.08.2013 Learned counsel for the parties submit that inter se disputes were settled in terms of settlement dated 21.4.2013 which was recorded in the order of the Court dated 24.5.2013. It is submitted that the appellant wasto or pay asum of Rs. 5,00,00,000/- in compliance by 2>\.12m. The appellant, did not do so; the parties have since agreed to extend the time and agreed to modify the term with regard to the first payment which was to be made on
31.7.2013 i.e. the terms of clause 3(a)(i). It is submitted that the said amount ofRs. 5,00,00,000/- is sought to be paid to the respondents through three cheques i.e. cheque bearing No. 013113 dated 05.9.2013 amounting to
' Rs. 2,00,00,000/-, cheque bearing No. 013114 dated 25.9.2013 amounting to
Rs. 3,00,00,000/- and cheque bearing No. 013115 dated 25.9.2013
2013:DHC:7337-DB amounting to Rs. 20,00,000/-. It is agreed by the parties that the rest of the terms shall bind them especially the petitioner. The undertaking of Mr. Rajpal Navrang Yadav and Ms. Radha Rajpal Yadav, both dated 21.4.2013 are on the record which shall be treated as undertaking given to the Court; to the extent that they would make payment of a sum of Rs. 5,00,00,000/- and , to the extent the terms shall stand modified.
It is further agreed by counsel for the parties that upon receipt of the entire amount agreed in terms of the settlement, all disputes should be deemed settled and that the present appeal can be disposed off. Counsel for the respondent further states that in the event of default by the appellant, it would be open to the respondent to seek enforcement of the undertaking given to this Court on 21.4.2013 (these are found at page nos. 508 to 511 of the paperbook). In the eventuality ofnon-compliance ofterms of settlement, the respondent can seek enforcement and execution of the undertaking in :
I j accordance with law.
The appeal is disposed off accordingly. The rights of the parties especially of the respondents to seek remedial action for breach of the settlement terms, is expressly reserved.
S. RAVINDRA BHAT, NAJMI WAZIRI, J AUGUST 06,2013 mv
2013:DHC:7337-DB
JUDGMENT