RLSHMA MALIIOTRA & Another v. M/S TDI INFRASTRUCTURE PVT LTD

Delhi High Court · 10 May 2013 · 2013:DHC:8439
J.R. Midha
O.M.P. 70/2013
2013:DHC:8439
civil petition_allowed

AI Summary

The Delhi High Court disposed of the petition directing the seller to hand over possession and execute title documents after receipt of full payment, binding both parties to their court statements.

Full Text
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$-19 HIGH COURT OF DELHI
O.M.P. 70/2013
RLSHMA MALIIOTRA & ANOTIII-R Pclitioner
Through Mr. Virag Kumar Agarv\al.
Av ith peliiioiicr no.2.
VERSUS
M/S TDI INFRASTRUCTURl" PVT L TD Respondent
Through Mr. Rajal Bhardw aj..Adv.
CORAM:
HON'BLE MR.JUSTICE J.R. MIDHA
10.05.2013
ORDER

1. Learned counsel for the respondent submits that he has instructions to make statement before this Chmrt that the respondent has received the entire sale consideration oi' respondent flat bearing no.Cl-1 102 in "Kingsbur)' Flats" situated at TDI Cit\'. Kundli, Sonepat t'llaryana) from the petitioner's and the respondent shall hand over vacant and peaceful vacation to petitioner within a period of30 days.

2. Learned counsel for the respondent ftirther submits that respondent has waived off the holding charges and panel charges being claimed earlier Learned counsel for the respondent fuilhcr submits that the respondent shall also hand over the covered parking to the petitioners upon receipt for a sum ofRs.L75.000/- from the petitioners. OM.P. 70/2013 Page 1 of[3] 2013:DHC:8439

3. Petitioner no.2 present in Court has made a payment of Rs.1,75,000/- to learned counsel for the respondents towards the consideration for the covered parking. The particulars ofthe said cheques are as under: Cheque No. Dated Amount Drawn on 245662 10.05.2013 'Rs.75.000/- ICICT Bank, ' Nehru Place i Branch, 1 New Delhi 10.05.2013 Rs.1,00,000/- ICICI Bank, Shalimar Bagh Branch,New Delhi

4. Petitioner no.2 present in Court submits that both the said cheques shall be honoured on their first presentation.

5. Learned counsel for the respondent acknowledges the receipt ofRs.1.75.000/- from the petitioner no.2 towards the cost of the covered parking subject to encashment of the said cheques and submits that the possession of the covered parking shall also be handed over to the petitioners along with the flat within a period of30 days from today.

6. Learned counsel for the respondent further submits that he has instructions from the respondent to state that respondent shall also execute the title documents in favour of the petitioners within the said period of30 da>'s.

7. There is no other dispute between the parties. O.M.P. 70/2013 Page2of[3]

8. The pelilion is disposed of in terms oFthe statements of both the parties.

9. Both the parties shall remain bound by the statements made by Court today.

10. Cop\ ofthis order be given dasti to learned eounsels for both the parties under the signatures ofthe Court Master. MAY 10,2013 ab C(^. J.R. MIDHA,J