Usha Joshi v. Ashok Kumar Ahluwalia & Anr.

1. The present appeal under Section 10 of the Delhi High Court Act, 1966, has been instituted on behalf of the appellant, assailing the order dated 26.04.2023, rendered by the learned Single Judge, in I.A. NO. 11267/2022, passed in CS (OS) No. 418/2022, titled ‘Smt. Usha Joshi Vs. Sh. Ashok Kumar Ahluwalia & Anr.’

2. During the pendency of the appeal, the parties had sought time to arrive at an amicable resolution of the underlying disputes. Subsequent thereto, by way of an application, being CM APPL. 48156/2023, instituted within the meaning of Order XXIII Rule 3 of the Code of Civil Procedure, 1908, has been filed jointly, on behalf of the parties; wherein it has been mutually agreed by and between the parties, to comply with the terms and conditions, as contained in the Settlement Agreement dated 14.09.2023.

3. The Settlement Agreement, dated 14.09.2023, has been arrived at, between the parties, with the aid and assistance of the Delhi High Court Mediation and Conciliation Centre, Delhi High Court, which is duly supported by affidavits, on behalf of the parties, and is also counter-signed by learned counsel representing them.

4. We have perused the terms and conditions agreed, by and between the parties, in relation to the performance of the reciprocal obligations. A perusal of the above-mentioned Settlement Agreement also reflects, that the terms and conditions of the settlement arrived at, between the parties are legal and lawful.

5. For the sake of completeness, the said Settlement Agreement dated 14.09.2023, is extracted herein below, in extenso:

6. The parties are present before this Court, in-person today, along with their counsel, and undertake to comply with the terms and conditions, as elaborated in the said Settlement Agreement. The undertaking furnished on behalf of the parties is hereby accepted.

7. In view thereof, the only course of action, that commends itself to us, is to take the said Settlement Agreement on record; and direct the parties to comply with the reciprocal obligations, as contained in the said Settlement Agreement, forthwith, without demur.

8. In view of the above, the application is allowed; and disposed of accordingly.

9. We are informed at the Bar, that in pursuance to the said Settlement Agreement dated 14.09.2023, FIR No. 390/2022, dated 02.07.2022, under Section 420, 406 and 34 of the Indian Penal Code, 1860, registered at Police Station: Kirti Nagar, has been quashed by the learned Single Judge, vide order dated 18.09.2023, passed in W.P. (CRL) 2684/2023.

10. Additionally, the original Demand Drafts have been handed-over to learned counsel appearing on behalf of the appellant, who admits to be in receipt of the same thereof, subject to encashment. A photocopy of the said Demand Drafts, is annexed as Annexure A (colly), to the Settlement Agreement dated 14.09.2023, the details of which are as follows: S.NO.

DD NUMBER DATE AMOUNT 1 013235 21.07.2023 15,00,000 2 010252 13.09.2023 27,50,000 3 504848 21.07.2023 15,00,000 4 504881 13.09.2023 27,50,000 Total Amount- Rs. 85,00,000 (Rupees Eighty Five Lakhs Only)

11. In view of the foregoing, the original Agreement to Sell dated 07.03.2022, referred to in the pleadings of the instant appeal, stands cancelled.

12. In terms of the order above, it is directed that a Compromise Decree, based upon the terms and conditions, agreed to, by and between the parties, as reflected herein above, be drawn up, forthwith.

13. The Registrar General, Delhi High Court, is further directed to process the application for refund of court fee, filed on behalf of the appellant, in terms of Section 16 of the Court Fees Act, 1870; as well as in the backdrop of the Settlement Agreement.

14. In view of the foregoing, the suit for specific performance of the said Agreement to Sell, being CS (OS) 418/2022; and the instant appeal being FAO(OS) 74/2023 (arising from the subject suit) stand disposed of, in the afore-mentioned terms. Pending applications, if any, also stand disposed of.