Writ petition against a Tribunal observation upholding the respondent's landlord status was amicably settled before the Court's Mediation Centre: petitioner to vacate the rented shop by 31.01.2025 and receive Rs. 10,00,000, with no arrears payable. The petition was disposed of in terms of the settlement agreement.
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2024:CGHC:46803-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 5607 of 2024
Smt. Anita Sakhuja W/o Rakesh Sakhuja, Aged About 65 Years R/o C/o Shopowner, Infront Of Kailash Medical, Tahsil And District-Bilaspur (C.G.)
--- Petitioner
versus
Harish Kumar Guruwani S/o Shri Kanhaiya Guruwani, Aged About 50 Years, R/o C/o M/s Shagun Redyment Wear, Sadar Bazar, Bilaspur, Tahsil And District-Bilaspur (C.G.)
--- Respondent/Caveator
_________________________________________________________________ For Petitioner : Mr. Ali Afzal Mirza, Advocate. For Respondent/Caveator : Mr. Ali Asgar, Advocate.
Hon'ble Smt Justice Rajani Dubey J.
Hon’ble Shri Justice Bibhu Datta Guru, J. Order on Board
Per, Rajani Dubey, Judge
28.11.2024
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consideration the documents Exhs. D/1 to D/4, which were submitted by the petitioner. Hence, this petition.
reference:-
(Smt. Anita Sakhuja Vs. Harish Kumar Guruwani)
Applicant- Smt. Anita Sakhuja, W/o Rakesh Sakhuja, R/o C/o -Shopowner, Infront of Kailash Medical, Tahsil & District Bilaspur (C.G.) Mo No. 9907110017
Respondent- Shri Harish Kumar Guruwani, S/o Shri Kanhaiya Guruwani, R/o C/o M/s Shagun Redyment Ware, Sadar Bazar, Bilsapur, Tahsil & District- Bilaspur (C.G.) Mo.No. 93005-65909.
In compliance of the Hon'ble Court order dated 21.11.2024 in W.P.(C) No. 5607/2024 (Smt. Anita Sakhuja Vs. Harish Kumar Guruwani) this mediation proceeding has been held on 21.11.2024.
1. Both the parties present before the Mediator at 1:00 PM on 21.11.2024. Joint Session has taken place where both the parties have agreed for settlement. Applicant Smt Anita Sakhuja shall vacate the rented shop (Kailash Medical Store) in front of CIMS Bilaspur on 31 st January 2025. In respect of this as a part of compromise Respondent Harish kumar Guruwani has agreed to pay a total sum of Rs. 10,00,000/- (Rs. Ten Lakhs Only) out of which Rs. 5,00,000/- (Rs. Five Lakhs only) shall be paid on or before the next
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date of hearing of the case in the Hon'ble Court in cash/ cheque. Remaining amount of Rs. 5,00,000/- (Rs. Five Lakhs only) shall be paid on 31" January 2025 at the time of handing of vacant possession of aforementioned shop.
2. That Applicant Smt. Anita Sakhuja shall not pay any arrears of rent and rent till January 2025.
3. That no amount is pending on any heads between the parties.
4. That as per this settlement agreement both the parties agree and undertake that they shall not initiate any civil or criminal proceedings against each other or each other's family members in future.
5. That it has been agreed upon by both the parties that none shall raise any claim(s) in respect of any movable and/or immovable properties, business, goods and assets of each other.
6. Both the parties have read and understood the contents of this settlement/agreement in its entirety and it is only after their satisfaction and acceptance, both the parties have consented to this settlement/agreement out of their own free will, and without any undue influence, force or coercion and thus both are legally bound by all the terms and conditions of this agreement including the mutually agreed upon installment amounts and the time line regarding payment of such installment as laid down in this agreement.
This agreement is signed on 21/11/2024 by the parties to the agreement in the presence of their respective Advocates and Mediator at Mediation Centre, High Court of Chhattisgarh at Bilaspur, Chhattisgarh. Copies of Settlement Agreement are being handed over to both the parties.
Party No. 1 Sd/-
Counsel for Party No. 1
Sd/-
Smt. Anita Sakhuja
Party No. 2 Sd/-
Counsel for Party No. 2
Sd/-
Shri Harish Guruwani
Sd/-
(Smt. Anubhuti Marhas)
(Mediator)
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| Sd/- | Sd/- |
|---|---|
| (Rajani Dubey) | (Bibhu Datta Guru) |
| JUDGE | JUDGE |
UTTEJ
1 issue framed by the court
Whether the writ petition challenging the Tribunal's observation on tenancy could be disposed of in terms of the parties' mediated settlement agreement dated 21.11.2024.
Smt. Anita Sakhuja
Harish Kumar Guruwani
Rajani Dubey
Bibhu Datta Guru
As recorded by the court registry
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