Vijay Kapoor v. Sanjeev Ohlan & Ors.

1. Vijay Kapoor, appellant is present in court along with his counsels. Rajiv Ohlan and Hawa Singh are present in Court along with their counsels.

2. After some deliberations, the parties have agreed to settle all their disputes on the following terms and conditions:-

(i) Vijay Kapoor has agreed to hand over the vacant and peaceful possession of the first floor with terrace of the suit property bearing No.19/27, Punjabi Bagh (East), New Delhi- 110026 to Rajiv Ohlan upon receipt of a sum of Rs.1,00,00,000/- in full and final settlement.

(ii) Subject to the aforesaid payment of Rs.1,00,00,000/- in full and final settlement, Vijay Kapoor admits and acknowledges the title of Rajiv Ohlan with respect to the first floor with terrace and of Sanjeev Ohlan in respect of the ground floor of suit property bearing No.19/27, Punjabi Bagh (East), New Delhi-110026. Vijay Kapoor also admits and acknowledges the possession of Sanjeev Ohlan in respect of the ground floor of the suit property.

(iii) Vijay Kapoor shall hand over the vacant and peaceful possession of the first floor with terrace of the suit property bearing No.19/27, Punjabi Bagh (East), New Delhi-110026 to RFA 415/2009 to 4l7l2QO[9] / a Rajiv Ohlan on 16th January, 2012. Rajiv Ohlan shall simultaneously make the payment of T[1],00,00,000/- to Vijay Kapoor on 16th January, 20L[2] at the time of receiving the keys in respect of the vacant and peaceful possession of the first floor along with terrace of the suit property

(iv) The ground floor of the suit property bearing No.19l27,

Punjabi Bagh (East), New Delhi-110026 is in possession of Sanjeev Ohlan who shall keep the same locked till L6th January, 20L[2].

(v) ln the event of the failure of Vijay Kapoor to hand over the vacant and peaceful possession of the first floor along with terrace of the suit property bearing No.19/27, Punjabi Bagh (East), New Delhi-l10026 on 16th January, 2012, Rajiv Ohlan shall be entitled to execute the decree of possession apart from initiating the proceedings for contempt of the undertaking given by'Vijay Kapoor. In the event of Rajiv Ohlan failing to make the payment of {1,00,00,000/- to Vijay Kapoor on 16th January, 20L[2], Vijay Kapoor shall be entitled to hold the possession till he receives the aforesaid payment.

3. The compromise between the parties is lawful and is recorded. The separate undertaking of both the parties in terms of this order is recorded and is hereby accepted. The w RFA 415/2009 to 4l7l2OO[9] } e decree is passed in terms of the above compromise. All the three appeals and pending applications are disposed of in terms of the above compromise.

4. On the joint request of the compliance on 16th Janu ary, 2012. parties, list for reporting ocroBER 13, ?OLL aj RFA 415/2009 to 4L712009.-rtW Nl*'*(f oY 13'lv'tl --/or, t*/,hbf;4u* Y t* oh'a +G M|DHA, J } 9to11 % 20.0t.20t[2] Present: Mr. Harish Malhotra, Sr' Advocate along with Mr. R.K. Modi, Advocate for the appellant along with the appellant. Mr. Rachit Batra, Advocate for respondent no.1 in RFA' No.4I512009, for respondent No.5 and 6 in RFA No.4L612009 and for respondent no.1 in RFA No.4t712009. + RFA No.4L5l2OO[9] RFA No.416/2OO[9] *@

1. The appellant, Vijay Kapoor is present in Court along with his counsel and he has handed over the keys of entire property bearing No.19/27, Punjabi Bagh (East) New Delhi- 110026 to Mr. Rajiv Ohlan who is also present in Court along with his counsel in terms of the order dated 13th October,

2011. Mr. Rajiv Ohlan has handed over a demand draft bearing No.129941 dated '9th January, 2012 for t[1].0 crore drawn on corporation Bank, Paschim Vihar, New Delhi to Mr. Vijay Kapoor in terms of the settlement dated 13th October, 2OIL. The aforesaid draft is issued' from the account of Mr. Hawa Singh, father of Mr. Rajiv Ohlan having PAN No,AAAPO4$16H. Both the parties have complied with the terms of the settlement recorded on 13th October, 2011. The compliance is taken on record.: t. * f

2. The learned counsel for Mr. Rajiv Ohlan submits that the appellant should clear all the outstanding dues relating to the water and electricity in respect of the suit property up to today. The learned counsel for the appellant submits that the appellant has cleared all the outstanding dues of water and electricity. However if there is any unpaid dues, the appellant shall clear the same upon being intimated by Mr. Rajiv Ohlan in this regard.

3. The appeals need not be listed again J/ aTT Jl,n t r \fNV H-" J.R. MIDHA, J JANUARY 20,2OL[2] mk t