Full Text
O.M.P.644/2012
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VINAY AGGARWAL Petitioner
Through Mr.Yakesh Anand, Adv. with Mr.Murari Kumai", Adv.
Through Mr.Rajiv Bansal, Adv. withMr.K.
Sinha, Adv. .
SS CONSULTANTS & ORS Petitioners
Through Mr.Rajiv Bansal, Adv. withMr.K.
Sinha, Adv.
Mr.Murari Kumar, Adv.
08.04.2013 By this common orderIpropose to dispose ofboth the petitions. The petition, being O.M.P. No.644/2012, under Section 9 of the Aibitration and
Conciliation Act, 1996 has been filed by Mi-.Vinay Aggarwal seeking interim order restraining the respondent from selling, encumbering.
2013:DHC:8147 \ alienating,transferring and/orleasing in full and/orin part any portion ofthe suit property i.e. the five commercial flats along with entire terrace/roof rights over Floor i.e. third floor, Swaran Apaitments,Plot No.19,Local
Shopping Centre,Madangir,nearPushpa Bhawan,New Delhi.
The above said petition was listed before Court on 23'^^ July, 2012 whereby respondents were directed not to part with the possession ofthe shops in question.
In teims of order dated 17^'^ September, 2012, respondents and the petitioner without prejudice had deposited the advance amount of?51 lac and balance sale consideration of?2,80,00,000/- respectively. After deposit ofthe said amount, subsequently by order dated 12^*^ October,2012,it was directed by the Court that respondent will execute a Special Power of
Attomey m favour ofthe petitioner for the limited purpose ofenabling the petitioner to pursue the conversion application filed by respondent with
DDA with regard to the suit property. The said order for SpecialPower of
Attomey was extended for afurther period of2 months by order dated 22"''
January, 2013. However, it has been informed by the parties that so far- conversion ofthe property in question has not been done by the DDA. In the meanwhile,the respondents M/s. S.S. Consultants and others have also filed the petition rmder Section 11(6) of the Arbitration and Conciliation
Act, 1996 for appointment ofthe Arbitrator. When the matter was heard by the Court,both the both the parties agreed to resolve their disputes.
The respondent No.2in the affidavitrmdertakesto co-operate with the petitioner in tr-ansferring legal and valid title ofthe suit property, subject to receipt ofentire consideration along with the interest accmed thereon by the respondent. It is stated in the affidavit that at the time of filing of application for conversion of free hold of the suit property with Delhi
Development Authority,he has deposited an amountof^"11,86,973/- and the petitioner in view of the settlement shall follow up with the Delhi
Development Authority or any other Government Authoiity as may be applicable to pursue the application for free hold at the petitioner's own cost and expenses. In his affidavit, he agreed for his personal presence for the registration ofthe Conveyance Deed ifcompulsorily required by law. The obligation ofhis personal presence shall be canied out without any demui-or protest. However, the petitioner shall make reasonable provisions on the
\ N basis ofavailability oftherespondent.
Both the counsel have handed over a typed sheet ofmutual agreed teims for the consent order;the details ofwhich are as under:
ORDER
2. Keys and Original title documents to be deposited before the Hon'ble Courtby the Respondentsin a sealed envelope.
3. The respondents represent that all dues in respect ofthe said Suit Property whether house tax,lease money,ground rent, service charges, maintenance charges, electric and water bills etc. are cleared upto date. The respondents covenants to be liable and responsible for all the dues and demands, whatsoever,even ifraised on a future date,but pertaining to the period before the execution ofthis Agreement,in respect ofthe said Suit Property. It shall be the duty ofPetitioner to bear all such costs after the date of handing over ofpossession. This includes any cost/fee/charges, as may be applicable for pursuing the Free-hold Application before the Delhi Development Authority.
4. The Respondents will execute the Special Power of > Attorney in favour ofthe Petitioner and upon the Suit Property becoming freehold,the Respondent shall execute the sale deeds in favour ofthe Petitioner and/or his nominees. The formats of the Special Power of Attomey, Sale Deeds and the names of nomineeshave already been mutually agreed by the parties.
5. The parties Pray to the Hon'ble Court to direct the Delhi Development Authority to process the application made by the respondent for freehold ofthe property vide application(DDA File Number 23/10/85/CL vide receipt number REC/LD/11/28, 088-28,093)filed on 05.07.2011 within 60 days ofthe date of issuance ofthe consent order." In view ofthe said terms keys and original title documents have been deposited by the respondent in the Court itself in a sealed envelope. The amount deposited by the parties in teims of order dated l?^** September, 2012 along with accmed interest is to be released to the respondent No.l. The Registry is directed to prepare a pay order at an early date. The pay order to the respondentNo.1 be handed over through counsel. The Registrar concemed shall also hand over the pay order to the respondent and title documents to the leamed counsel for the petitioner. As regard the keys of the subject matter of the suit property concemed, since the entire consideration is lying in the Court by the petitioner, the keys have been handed over to the petitioner. Both the petitions are accordingly disposed of. No order asto costs. An oral request has been made by the leamed counsel for the petitioners in Arb.P.No. 36/2013. In view of the fact that the matter has been resolved between the paities, 1 am ofthe view that under Section 16A ofthe Couif Fees Act, the petitioners are entitled to refund ofthe halfthe amount of the court fee. Accordingly, the Registry is directed to issue certificate to the petitioners for refund of half the amount ofthe court fee from the Collector within six weeks from today and hand over the same to the petitioners through counsel. Copy of the order be given Dasti under the signature of the Court Master. APRIL08,20I3/jk > V