Shiv Kumar Sharma v. Phool Chand Om Prakash & Anr

1. Mr. K.P. Sundar Rao and Mr. Himanshu Garg, learned counsel [ The proceeding has been conducted through Hybrid mode ] appearing for the respective parties submit that after great persuasion, the parties have been able to amicably settle their disputes and have reduced the terms of settlement into writing by way of a Settlement Agreement which was executed on 18.05.2023.

2. Learned counsel submit that both the parties have appended their signatures to every page of the aforesaid Settlement Deed.

3. Learned counsel for both the parties also identify the signatures of their respective party.

4. The appellant as also the respondent No.1 through its Authorized Representative Mr. Mohit Garg are present in person and submit that the said agreement has been entered into out of their own free will and not under undue influence, force or coercion.

5. This Court has perused the Settlement Agreement and finds the same to be lawful. The Settlement Agreement is marked as Ex. A. The same is taken on record.

6. The self attested photocopy of the Identity Cards of the parties have been handed over to the Court, which are taken on record and are marked as Ex. B.

7. It is submitted by the learned counsel for the parties that a sum of Rs. 10 Lakhs had been deposited by the appellant by virtue of the order dated 06.03.2019 of this Court in RFA 183/2019 and the same, as per the terms of the settlement is to be released in favour of respondent No.1 through its Authorized Representative. The sum of Rs. 10 Lakhs as deposited vide order dated 06.03.2019 be released to respondent No.1 through its Authorized Representative, so far as the balance amount of Rs. 13 Lakhs is concerned, the same is to be paid by the appellant to the respondent No.1 through its Authorized Representative No.2 as stipulated in para 2 sub para (i) and (ii).

8. In accordance thereto, Mr. Rao, learned counsel for the appellant has handed over a Demand Draft of Rs.[3] Lakhs bearing No. 000030 dated 17.05.2023 drawn on Bank of India, Golden Nest, (MIRA- BHAYANDAR) EA Banch, Mumbai North, Maharashtra-401105.

9. So far as the balance of Rs. 10 Lakhs is concerned, the same are to be paid by the appellant to the respondent by way of six instalments which are by way of post dated cheques. More particularly mentioned in the table contained in sub-para (ii) of para 2 of the Settlement Agreement.

10. The six cheques have been handed over in the Court to the counsel for the respondent No.1 through its Authorized Representative, who acknowledges the receipt of the six cheques.

11. In accordance with the settlement terms, the Sale Deed/ Title Deed of a property/ shop measuring 26 sq. yds. comprising Khasra NO. 324/325 Situated at Abadi of Arjun Nagar, Village-Kotla Mubarakpur, New Delhi-110003, which was deposited before this Court in compliance of the order dated 13.12.2019 by the appellant is also to be released in favour of the respondent No.1 through its Authorized Representative.

12. It is directed that the aforesaid title documents/ Sale Deed of the aforementioned property be released to the respondent No.1 through its Authorized Representative.

13. Parties are bound by the settlement terms as also the statement given before this Court today.

14. Learned counsel submit and accordingly, the impugned decree is modified to the extent aforesaid and a modified decree be drawn up.

15. Nothing further survives for further adjudication in the present appeals.