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RFA(OS) 17/2019
RAJ KUMAR JAIN & ORS ..... Appellants
Through Mr. Amarjit Singh Chandhiok, Senior Advocate with Mr. Rajat Aneja and Ms. Chandrika Gupta, Advocates along with appellants no.2 and 4.
Through Mr. Piyush Kaushik, Advocate for respondents no.1 to 5 along with respondents no.1, 2 and 3.
HON'BLE MS. JUSTICE JYOTI SINGH O R D E R 01.05.2019
The present appeal is directed against the order dated 31.07.2018 passed by the learned Single Judge of this Court by which a preliminary decree has been passed with respect to the properties, which we detail below:
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S.No. Description of Property Details of Owner
JUDGMENT
1. Residential House known as “Verdun” with the adjoining land, situated on Mall Road, Mussourie, Uttarakhand bearing house tax no.175/176/3 Plaintiff No.1: 50% Defendant No.1: 50%
2. An old Baoli at Rewari (Haryana) Near Anaj Mandi of archaeological importance also known as Solahi Rahi Plaintiff No.1: 1/3rd share Defendant No.1: 1/3rd share Satish Kumar Jain (third party): 1/3rd share
3. A Parcel of Farmland bounded by a brick wall on all sides with an entry gate on Delhi Road, Rewari (Haryana) measuring about 5 ½ acres
4. Banquet hall and factory outhouse Plaintiff No.1: 50% 2019:DHC:2396-DB and staff quarters at Delhi Road Rewari (Haryana) measuring about 6000 sq. yards
5. Samadhi of the ancestors of plaintiff 1 and defendant 1 and surrounding land measuring about 1000 sq yards situated at Delhi Road, Rewari (Haryana)
6. Land under acquisition on Delhi Road, Rewari (Haryana) measuring 3 acres (23 canal 17 marla)
7. Plot of land admeasuring about 1790 sq. yards situated on Circular Road, Rewari (Haryana) on which the building of Radhika Theatres stands, except superstructure
8. Ghantaghar Building comprising of approx. 12 shops and flats situated at corner of Railway Road & Circular Road, Rewari(Haryana)
9. 2/3rd share in the plot of land measuring 1400 sq. yards, situated at Railway Road, Rewari(Haryana)
10. Industrial Building, bearing plot no.A-42, B-1 Extension, Mohan Cooperative Industrial Estate, Mathura Road, Delhi Plaintiff No.1: 25% Plaintiff No.3: 25% Defendant No.1: 25% Defendant No.3: 25%
11. A 500 sq. yards, 3 storeyed residential house bearing house no.B-498, New Friends Colony, New Delhi Ground Floor Owner: Plaintiff No.1 First Floor Owner: Defendant No.1 Second Floor Owner: Plaintiff 3 (50%) & Defendant 3 (50%)
12. 50% share in plot of land admeasuring 291 sq. yds., bearing plot no.C-507, NRI City, Pari Chowk, Greater NOIDA
13. Apartment bearing no.1103, Block-06 in Unitech, “Escape”, Gurgaon Plaintiff No.5: 50% Defendant No.5: 50%
14. Residential Apartment bearing no.2701 on level 27 in Tower 1, Block 03 in Unitech, Grande, at Sector, 96, 97 and 98 NOIDA Plaintiff No.5: 50% Defendant No.5: 50%
15. Superstructure of Radhika Theatre building existing on Plot of land admeasuring about 1790 sq. yards situated on Circular Road, Rewari (Haryana), not the land Owned by Defendant No.8, a partnership firm, where following are the partners:-
16. Property bearing No.C-213, Defence Colony, New Delhi, admeasuring 400 sq.yds. No.10, a company registered under the Companies Act, 1956, wherein the share holders are only the family members of Plaintiff No.1 & Defendant No.1 holding 50% shares each
17. A Permanent Exhibition Booth/Mart Bearing No.A-08/42 on The Ground Floor In Expo Mart, Greater Noida No.6, a partnership firm, where the following are the partners: Plaintiff No.1: 25% Plaintiff No.2: 5% Plaintiff No.3: 20% Defendant No.1: 25% Defendant No.2: 5% Defendant No.3: 20%
4. The plaintiffs and defendants agree that following two lockers mentioned at Serial Nos.21 and 22 of Schedule I be operated and the parties will have equal share in the contents of the locker:
(i) Locker No. L352 jointly held by Aruna Jain and Karuna Jain with
Alaknanda Vaults (P) Ltd., 22, Community Centre, East of Kailash, New Delhi. The key No.357 is in the possession of Karuna Jain.
(ii) Locker No.5028 jointly held by Aruna Jain and Karuna Jain with
Delhi Safe Deposit, Janpath, New Delhi.” We had with the consent of the parties appointed a former Judge of the Supreme Court of India as a Mediator. Although the parties had participated in the mediation proceedings, but no final settlement could be arrived at. We have interacted with the parties in the Chamber along with their respective counsels. The appellants no.2 and 4 are present. They submit that they are authorised to enter into a settlement on behalf of all the appellants. Respondents no.1, 2 and 3 are present and they submit that they are authorised to settle the matter on behalf of respondent no.4 as well. The parties have agreed as under:
1. That the appellants do not press the present appeal and the parties would divide their properties in terms of the preliminary decree dated 31.07.2018;
2. It is agreed that Kothi no.2, Civil Lines, Gurgaon and DDA Flat no.C-102, Sarita Vihar, New Delhi shall fall exclusively to the share of respondents no.1 and 2 respectively. However, the property bearing shop no.1708, Railway Road, Rewari shall exclusively belong to the appellant no.1. Therefore, both the parties agree that with respect to these three properties, the subject suit pending before the learned Single Judge being CS(OS).no.1417/2012 shall be deemed to have been decreed and the parties shall be at liberty to deal with the properties which have fallen to their respective share in the manner they like;
3. The monies lying in M/s Sand Dunes (India), a Partnership Firm, shall be divided equally between the appellants and the respondents no.1 to 5;
4. It is also agreed that the respondents no.1 to 5 shall pay a sum of Rs.5,50,00,000/- in full and final settlement of all the disputes between the parties which are subject matter of the suit, and the said amount shall be paid to the appellants no.1 to 5 out of the sale proceeds of property at A-42, B-I Extension, Mohan Co-operative Industrial Area, Mathura Road, New Delhi-44 and residential house known as “Verdun” with the adjoining land, situated on Mall Road, Mussourie, Uttarakhand, bearing house tax no.175/176/3; which the parties have agreed to sell jointly or by sale of any other property so that the amount of Rs.5,50,00,000/- which is to be paid to the appellants is cleared from the sale proceeds;
5. During the course of discussions and negotiations, and with a view to ensure that the aforesaid sum of Rs.5,50,00,000/- is paid by the respondents to the appellants at the earliest, it is agreed that the valuation of one of the aforesaid properties, being the residential house known as “Verdun” with the adjoining land, situated on Mall Road, Mussourie, Uttarakhand, bearing house tax no.175/176/3 is fixed at Rs.8,00,00,000/-, out of which both the parties have 50% share each. The respondents have agreed to give up their entire share in the said property being the residential house known as “Verdun” with the adjoining land, situated on Mall Road, Mussourie, Uttarakhand, bearing house tax no.175/176/3. The effect would be that Rs.4,00,00,000/- would be duly adjusted out of Rs.5,50,00,000/-, leaving a balance of Rs.1,50,00,000/- which shall now be paid by the respondents no.1 to 5 to the appellants. The respondents agree and undertake to execute such documents which may be required for perfecting the title of the property at Mussourie in favour of the appellants within four weeks from today.
6. The parties agree and undertake that the parties shall co-operate with each other for transferring the abovesaid property/properties to the purchaser/purchasers to enable the respondents no.1 to 5 to pay the balance sum of Rs.1,50,00,000/- to the appellants; it will be open for the appellants to look for the prospective buyers, involve the respondents in negotiations, and the respondents undertake to co-operate for early sale of the property/properties;
7. It is agreed that all inter se disputes between the parties, including the complaints, FIRs and any other pending litigation(including the Company Appeal of the respondents) will be deemed to have been withdrawn and/or shall be got quashed from the Court, including the complaint against Puja Jain in the Bar Council of Delhi, within four weeks from today. Parties agree to sign affidavits/appear in Court and co-operate in every manner for the quashing of the FIR;
8. It is also agreed that the respondents would give up their shareholding in the company named, Geotrackers Mobile Resource Management Pvt. Ltd. and the order passed by the Company Law Board on 25.10.2013 shall become final. No payment is to be made to the respondents herein;
9. The appellants have also agreed that they shall forthwith remove all the CCTV cameras from the ground floor of the residential house at New Friends Colony.
10. Both the parties have also jointly agreed that the three partnership firms which are the subject matter of the prayer in the suit, vide prayer clause (d), shall be got amicably dissolved/wound up by appointment of a Chartered Accountant who would initiate proceedings for dissolution of the said firms, and the parties agree to co-operate with each other in this regard. The appellants have agreed that they will give up their prayer for rendition of accounts in the subject suit.
11. The parties agree and undertake that the settlement is an undertaking given to the Court. The parties have been explained the consequences of breach of the undertaking;
12. The parties also agree and undertake they will not obstruct or interfere into the personal lives of each other. They will co-operate in the quashing of the FIR, including filing of affidavits and/or through personal appearance; and
13. The father i.e. respondent no.1 being the Power of Attorney Holder of respondent no.4 would sign on her behalf. The parties will sign the order of this Court in token of their acceptance. The appeal stands disposed of in above terms. CM.APPL 10723/2019 also stands disposed of. List for directions on 30.05.2019. However, it is also agreed between the parties that two separate lots with respect to the properties forming the subject matter of the preliminary decree dated 31.07.2018 (except the Mussourie property as aforesaid), shall be prepared by the parties in the first instance and an attempt shall be made in this regard to enable an amicable resolution with respect to those properties within four weeks from today. The Court appreciates the efforts put in by the counsels and the respective parties in arriving at an amicable resolution of the matter. G.S.SISTANI, J JYOTI SINGH, J MAY 01, 2019 pst