Full Judgment Text
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 11349 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 30261 OF 2017]
MEENAKSHI JUNEJA & ANR. Appellant (s)
VERSUS
STATE OF NCT OF DELHI & ORS. Respondent(s)
WITH
CIVIL APPEAL NO(S). 11350 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 31128 OF 2018]
[DIARY NO. 42489 OF 2017]
J U D G M E N T
KURIAN, J.
1. Leave granted.
2.
The parties have been in litigation for over
30 years. Finding that there is an element of
settlement, we directed the parties to be present
before this Court and with their consent, we
appointed Mrs. Varuna Bhandari, learned counsel,
to mediate between the parties.
3. We are informed that the learned mediator has
Signature Not Verified
Digitally signed by
JAYANT KUMAR ARORA
Date: 2019.01.19
10:36:54 IST
Reason:
spent around 150 hours of mediation, being one of
the rare cases of such a long duration.
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4. We are informed that the parties have settled
their disputes finally. The following are the
terms of settlement :
“1. That the dispute between the
parties relate to their ancestral
rights in the said property and is
pending for the last twenty seven
years.
2. That it is agreed between the
parties that in terms of the
present Settlement Agreement, (a)
Ground Floor of the property over
the stilt area shall devolve upon
the Party No.1, (b) The ownership
of the First Floor will go in equal
shares of 50% each to the legal
heirs of the two brothers, namely,
Late Mr. Gur Sarup Juneja
hereinbefore mentioned as Party No.
2(i) & 2(ii) and Late Mr. Shabad
Sarup Juneja hereinbefore mentioned
as Party No.3(i), 3(ii) & 3(iii)
respectively, (c) The ownership of
the second floor shall devolve upon
the Party No.4 and the Legal Heirs
of Late Mrs. Sushma Arora herein
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mentioned as Party No.5(i) & 5(ii),
who together shall have equal
rights of ownership in the said
second floor respectively, as
observed in the order dated
05.09.2018 passed by the Hon’ble
Supreme Court relating to the
respective shares of the legal
heirs in the said property.
3. That the parties undertake to
withdraw all pending cases against
each other. The list of the cases
are as follows:
(i) Civil Suit No. 7326/2016
titled “Meenakshi Juneja Versus
Asha Jagota & Ors.” pending before
the Ld. Court of Ms.Shunali Gupta,
Additional District Judge (South),
Saket Court, New Delhi.
(ii)FAO No. 368/1999 as remitted
back to the Court of Ld. District
Judge (South), Saket Courts, New
Delhi for the grant of Letters of
Administration shall be withdrawn.
4. That the parties have agreed
rd
to sell the 3 / Third Floor with
roof rights to Mr. Raman Raheja
S/o Kailash Chander Raheja, R/o
29/17, Top Floor, East Patel
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Nagar, New Delhi for a sale
consideration amount of
Rs.4,00,00,000/ (Rupees Four
Crores Only). That out of the
total sale consideration amount of
Rs.4,00,00,000/ (Rupees Four
Crores Only) the sum of Rs.
3,00,00,000/ (Rupees Three Crores
only) shall be the cost of the
construction which shall be paid
to M/s. Satsangi Constructions
through their Sole Proprietor
namely Mr. Sundeep Saxena O/o A1,
Soami Nagar, New Delhi which shall
be used by M/s Satsangi
Constructions for procuring the
requisite permissions, sanctions
and approvals for development,
construction and completion of the
new building on the said property.
5. That the parties have agreed
that the remaining sum of
Rs.1,00,00,000/ (Rupees One
Crores Only) will be deposited by
Sh. Raman Raheja with the Registry
of the Hon’ble Supreme Court of
India on or before 27.11.2018 and
the said amount of
Rs.1,00,00,000/ (Rupees One
Crores Only) shall be divided by
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the Registry of the Hon’ble
Supreme Court of India between the
Party No. 2(i), 2(ii) and Party
No.3(i), 3(ii) & 3(iii) and Party
No.4 and Party No.5(i) & 5(ii)
respectively with any accrued
interest on finalization of
drawings on or before 15.01.2019.
Thereafter, the concerned parties
will file an application for
release of their respective shares
in the manner as has been
mentioned below. However, in case
the drawings are not finalized by
15.01.2019, the Ld. Mediator Ms.
Varuna Bhandari Gugnani will
conduct a joint session with all
the parties to the Collaboration
Agreement on 16.01.2019 and the
drawings shall be finalized with
the assistance of the Ld.
Mediator. The said amount shall be
disbursed as follows:
(i) Rs.12,50,000/ (Rupees Twelve
Lacs Fifty Thousand Only) to be
paid in favour of Ms.Meenakshi
Juneja by way of DD/Cheque/Pay
Order;
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(ii) Rs.12,50,000/ (Rupees
Twelve Lacs Fifty Thousand Only)
to be paid in favour of Ms.Heena
Juneja by way of DD/Cheque/Pay
Order;
(iii) Rs.8,33,333.33/ (Rupees
Eight Lacs Thirty Three Thousand
Three Hundred Thirty Three and
Thirty Three Paisa Only) to be
paid in favour of Ms.Neeru Juneja
by way of DD/Cheque/Pay Order;
(iv) Rs.8,33,333.33/ (Rupees
Eight Lacs Thirty Three Thousand
Three Hundred Thirty Three and
Thirty Three Paisa Only) to be
paid in favour of Mr.Dheeraj
Juneja by way of DD/Cheque/Pay
Order;
(v) Rs.8,33,333.33/ (Rupees Eight
Lacs Thirty Three Thousand Three
Hundred Thirty Three and Thirty
Three Paisa Only) to be paid in
favour of Ms.Swati Juneja by way
of DD/Cheque/Pay Order;
(vi) Rs.25,00,000/ (Rupees
Twenty Five Lacs Only) to be paid
in favour of Ms.Asha Jagota by way
of DD/Cheque/Pay Order;
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(vii) Rs.12,50,000/ (Rupees
Twelve Lacs Fifty Thousand Only)
to be paid in favour of Mr.Prem
Arora by way of DD/Cheque/Pay
Order;
(viii) Rs.12,50,000/ (Rupees
Twelve Lacs Fifty Thousand Only)
to be paid in favour of Ms. Seema
Arora by way of DD/Cheque/Pay
Order.
6. That it has been further
agreed between the parties that
the construction of the said
property shall be carried out by
the construction firm namely “M/s
Satsangi Constructions” through
their Sole Proprietor namely Mr.
Sundeep Saxena O/o A1, Soami
Nagar, New Delhi who is a
contractor and is having vast
experience in construction of
buildings and has agreed to
construct the said property as per
the agreed terms.
7. That the parties to the
present agreement have also
executed a Collaboration Agreement
dated 26.11.2018 in respect of
said Property alongwith Mr. Raman
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Raheja (the Purchaser) and M/s
Satsangi Constructions through its
Proprietor Mr. Sundeep Saxena
(Contractor) on 26.11.2018 and
thereafter M/s Satsangi
Constuctions after receiving the
amount as per the agreed terms
from Mr. Raman Raheja will
construct the said property in
conformity with the Construction
Specifications, plans, drawings
and elevation qua the said
property as agreed between the
parties. A copy of the
Collaboration Agreement dated
26.11.2018 and the Construction
Specifications are annexed
herewith and marked as ANNEXURE –
B & ANNEXURE – C respectively.
8. That it has further been
agreed between the parties that in
addition, Mr. Raman Raheja shall
pay a sum of Rs. 11,00,000/
(Rupees Eleven Lacs only) or any
other amount exclusively towards
the MCD Charges/Approval/ASI/
Betterment charges etc. and Mr.
Sanjeev Juneja shall pay a sum of
Rs. 11,69,700/ (Eleven Lacs Sixty
Nine Thousand Seven Hundred only)
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or any other amount exclusively
towards the Architects Fee.
9. That all the parties shall
collectively assist M/s Satsangi
Constructions in getting the
necessary approvals from the
concerned authorities for the
construction of the said property
or required for ensuring the due
execution of the proposed work of
development and construction of
the proposed building latest by
31.12.2018. A Special Power of
Attorney dated 26.11.2018 has been
executed by the parties in favour
of M/s Satsangi Constructions
through its Proprietor Mr. Sundeep
Saxena (Contractor), a copy of
which is annexed herewith and
marked as ANNEXURE – D.
10. That it is further agreed
between the parties that all the
plans, drawings and elevations of
the said intended building and the
specification of the works to be
done have to be finalized latest
by 15.01.2019.
11. That as soon as all the plans,
drawings and elevations of the
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said intended four floors are
complete, the Parties will execute
a Conveyance Deed on or before
01.02.2019 in favour of Mr. Raman
Raheja in respect of the Third
Floor along with roof right. The
said conveyance deed will be
registered before the Office of
SubRegistrar, Saket, New Delhi
and the expenses in respect of the
execution of the Conveyance Deed
shall be borne exclusively by Mr.
Raman Raheja.
12. That the First Party who is in
possession of the said property
shall vacate the said property
within 30 days of getting the
permissions from the concerned
authorities to commence
construction, in any event, not
later than 01.03.2019.
13. That the parties further
undertake to keep Sh. Raman Raheja
indemnified against any
interpersonal disputes which may
arise in future qua the said
property and especially in regard
to the Third Floor and the roof
rights.
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14. That the First Party has
placed on record the Special Power
of Attorney dated 20.11.2018 duly
executed in his favour by Mr. Prem
Arora & Ms. Seema Arora [Party No.
5(i) & 5(ii)] at Quebec, Canada.
The First Party undertakes that he
will enter settlement on behalf of
Mr. Prem Arora & Ms. Seema Arora
and will do all lawful acts and
things in connection with the
above referred matter.
15. That the parties further agree
that any proceedings either civil,
criminal or revenue pending
between the parties and not
mentioned in the present agreement
shall be treated as abated after
the present Settlement.
16. That the Parties undertake
that henceforth them or anybody on
their behalf would not file any
civil / criminal complaint / FIR
or any case against each other and
/ or their family members with
regard to the said property.
17. That after the signing of the
present Settlement Agreement, the
respective parties further
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undertake not to indulge in any
acts which may result in the
harassment and annoyance to the
Other Party.
18. That the parties have entered
into the present settlement
amicably and by their own free
will and choice and without any
undue influence, coercion and
fraud, mistake and
misrepresentation and undertake to
abide by the same for all times to
come.”
5. As part of the settlement, Mr. Raman Juneja
is permitted to deposit an amount of
Rs.1,00,000,00/ (Rupees One Crore), by way of
two cheques, on or before 28.11.2018. The amount
will be disbursed to the following beneficiaries
after the execution of the Collaboration
Agreement and hand over of possession to the
builder for construction :
“(i) Rs.12,50,000/ (Rupees Twelve
Lacs Fifty Thousand Only) to be
paid in favour of Ms.Meenakshi
Juneja by way of DD/Cheque/Pay
Order;
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(ii) Rs.12,50,000/ (Rupees
Twelve Lacs Fifty Thousand Only)
to be paid in favour of Ms.Heena
Juneja by way of DD/Cheque/Pay
Order;
(iii) Rs.8,33,333.33/ (Rupees
Eight Lacs Thirty Three Thousand
Three Hundred Thirty Three and
Thirty Three Paisa Only) to be
paid in favour of Ms.Neeru Juneja
by way of DD/Cheque/Pay Order;
(iv) Rs.8,33,333.33/ (Rupees
Eight Lacs Thirty Three Thousand
Three Hundred Thirty Three and
Thirty Three Paisa Only) to be
paid in favour of Mr.Dheeraj
Juneja by way of DD/Cheque/Pay
Order;
(v) Rs.8,33,333.33/ (Rupees Eight
Lacs Thirty Three Thousand Three
Hundred Thirty Three and Thirty
Three Paisa Only) to be paid in
favour of Ms.Swati Juneja by way
of DD/Cheque/Pay Order;
(vi) Rs.25,00,000/ (Rupees
Twenty Five Lacs Only) to be paid
in favour of Ms.Asha Jagota by way
of DD/Cheque/Pay Order;
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(vii) Rs.12,50,000/ (Rupees
Twelve Lacs Fifty Thousand Only)
to be paid in favour of Mr.Prem
Arora by way of DD/Cheque/Pay
Order;
(viii) Rs.12,50,000/ (Rupees
Twelve Lacs Fifty Thousand Only)
to be paid in favour of Ms. Seema
Arora by way of DD/Cheque/Pay
Order.”
6. The appeals are disposed of in terms of the
settlement. We record our special appreciation
for the arduous efforts taken by the learned
mediator for helping the parties to arrive at the
settlement. As agreed by the parties, an amount
of Rs. 7,50,000/ (Seven Lakhs and Fifty
Thousand) [1.5 Lakhs per floor owners (1.5 Lakhs
X 4) and 1.5 Lakhs to be paid by Sundeep Saxena,
Contractor] shall be given to the learned
mediator, though the learned mediator has
consistently declined to accept any remuneration
as she is passionately interested in only probono
mediation.
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7. The parties are directed to abide by the
terms of settlement.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ HEMANT GUPTA ]
New Delhi;
November 26, 2018.