Partly allowed

M/S Tofarch Interior Solutions Pvt. Ltd. & Anr. v. Dharmvir Shokeen

Delhi HC8 May 2018RFA/388/2017

Case brief

AI extract

What is this about?

In a revision appeal, the High Court of Delhi modified the impugned judgment and decree following a settlement agreement. The parties had amicably resolved the suit for recovery of possession and arrears of rent by paying a settlement amount and returning keys. The court ordered the refund of deposited funds with interest and refunded the court fee.

What did the court decide?

Impugned judgment/decree modified as per Settlement Agreement dated 24 April, 2018; deposited amount released with interest (minus TDS); Court fee refunded.

M/S Tofarch Interior Solutions Pvt. Ltd. & Anr. Vs Dharmvir… — Property and Title | Delhi HC (2018)

¶1

$~18

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- RFA 388/2017

¶4

M/S TOFARCH INTERIOR SOLUTIONS

¶5

PVT LTD & ANR. ..... Appellants Through: Mr. Arvind Kumar Singh, Advocate with Mr. Sunil Kumar, Executive Accounts of Appellant company in person.

¶6

versus

¶7

DHARMVIR SHOKEEN ..... Respondent Through: Mr. Saurabh Kumar, Advocate. (M:7827803615)

¶8

CORAM:

¶9

JUSTICE PRATHIBA M. SINGH

¶10

O R D E R % 08.05.2018

¶11

CM APPL. 14780/2017 (STAY) in RFA 388/2017

¶12

Present appeal arises out of a suit for recovery of possession and arrears of rent in respect of the suit premises bearing no.B-42, admeasuring 300 Sq. Yards part of Khasra No.46/6, situated in Kanahiya Nagar, Nilothi Extension, New Delhi ( hereinafter, ‘suit property’ ).

¶13

The Trial Court had, vide judgment/decree dated 17^th December, 2016, decreed the suit in favour of the Respondent/Plaintiff ( hereinafter, ‘Plaintiff’ ). The present appeal was listed on 21^st April, 2017 on which date the Appellants/Defendants ( hereinafter, ‘Defendants’ ) were directed to deposit the entire decretal amount and subject to the same the impugned judgment and decree were stayed. The amount was deposited by the Defendants. Thereafter, on 23^rd April, 2018, an application was moved

¶14

seeking reference to the Delhi High Court Mediation and Conciliation Centre to explore possibility of a settlement. The parties submit that they have amicably resolved their disputes vide Settlement Agreement dated 24^th April, 2018 wherein terms and conditions have been spelled out.

¶15

The Court has perused the terms of the settlement. Same are lawful and legal. There is no impediment in accepting the same. Accordingly, the impugned judgment and decree is modified as per the terms and conditions th contained in Settlement Agreement dated 24 April, 2018.

¶16

As per the settlement, the Defendants have paid to the Plaintiff a sum of Rs.5,50,000/- as the full and final settlement amount. The cheque was handed over to the Plaintiff and the same has been encashed. Keys of the vacant premises have already been returned by the Defendants to the Plaintiff.

¶17

The amount lying deposited in the Court, to the tune of Rs.9,38,583/along with interest which may have accrued thereon, be released to the Appellants/Defendants (minus applicable TDS on the interest amount). Since the matter has been settled in mediation, the Court fee would also be liable to be refunded under Section 16 of the Court Fee Act.

¶18

Appeal is disposed of as settled. Pending application also stands disposed of.

¶19

PRATHIBA M. SINGH, J.

¶20

MAY 08, 2018/ dk

M/S Tofarch Interior Solutions Pvt. Ltd. & Anr. v. Dharmvir Shokeen

Case brief

What is this about?

What did the court decide?

M/S Tofarch Interior Solutions Pvt. Ltd. & Anr. v. Dharmvir Shokeen

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sunil Jain Vs Sanjay Gupta

M/S Jubilant Life Sciences Limited Vs Punjab National Bank & Ors.

Amit Sharma Vs Housing Development Finance Corporation Ltd. & Anr.

Central Warehousing Corporation Vs Oriental Insurance Co. Ltd. & Anr.

M/S Amcon Engineers & Anr. Vs Satvinder Singh

Sh. Raman Kapoor Vs Sh. Arun Kapoor & Ors.