Sateesh T S vs. State Of Karnataka

ORDER

The petitioner is before this Court calling in question the proceedings in C.C.No.27982/2022, pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru.

AND M/S. Hoysala Projects Pvt ltd, Represented by its Managing director, Sri.T.S. Sateesh, Having its office at No.104, ground Floor Infantry Techno Park, Infantry Road, Opp. Gem Palaza, Bangalore-560 001. Hereinafter (Which expression shall wherever the context so admits or requires mean and include its successors and legal representatives' executors, administrators and assignees) called as SECOND PARTY.

WHEREAS the first party along with the other joint owners had entered into a Memorandum of understanding with the second party dated 06/08/2014, wherein the parties had agreed that the Second Party would provide access to the Schedule 'A' property in the Schedule 'B' property of the Memorandum of understanding dated 06/08/2014 and has permitted the Parties of the NC: 2024:KHC:24804 First Part along with other joint owners to amalgamate the Schedule A' property with the Schedule B' Property and to get the revised combined plan sanction for constructing residential apartment complex in the Schedule 'A' Property. It was further agreed therein that the consideration of the Second Party agreeing to provide access to the Schedule 'A' Property in the Schedule B' Property and allowing the Parties of the First Part along with the other owners to amalgamate the Schedule 'A' property with the Schedule B properties of the First Part have jointly agreed to allot/transfer Super built up area of 4563 Sq.Ft in the apartment building to be constructed on the Schedule 'A' Property and proportionate undivided share schedule 'A' property in favour of the Second Party. It was further agreed that the Parties of the First Part along with the other owners have jointly authorized the Developer herein to deduct a super built up area of 4563 Sq. Ft i.e. 507 Sq.Ft each from the share of the Parties in first part along with the other owners. It was further agreed that the Parties of the First Part along with the other owners and the Developer have agreed to execute and register a sale deeds favour of the Second Party in respect of the Flats amounting to a super build up area of 4563 Sq. Ft together with proportionate undivided share and agreed to do, execute and perform all other acts, deeds and things as may be necessary at the cost of the Second Party for effectively conveying the title of the Flats to the Second Party, on completion of the Project. That on execution and registration of sale deed as aforesaid, the Second Party shall peacefully and quietly possess and enjoy the Flats without any let, hindrance or interruption or disturbance by the NC: 2024:KHC:24804 Parties of the First Part or Developer or any persons claiming through or under them.

WHEREAS it was agreed between the parties that on completion of the project, the first party would receive the flats mentioned in the Annexure titled as Schedule C and D, despite this being a covenant in the Supplementary sharing agreement the first party approached the commercial street police and filed a complaint against the second party, which resulted in registration of FIR in crime no.111/2021, subsequently charge-sheeted for the offences punishable under section 406,420 of Indian Penal Code(IPC) in CC.NO.27982/2022 pending on the files of 4 Addl. Chief Metropolitan Magistrate, Bangalore. The second party has approached the hon'ble high court of Karnataka in Crl.P.NO.11050/2022, for quashing of criminal proceedings in CC.NO.27982/2022. This being the case both the parties have decided to amicably settle their difference hence this memorandum of understanding is being drawn.

THIS MEMORANDUM OF UNDERSTANDING IS WITNESSETH AS FOLLOWS:

a. It is agreed by the both the parties to resolve the issues mutually by obliging to the terms mentioned herein.

b. A Total of 14 Car Parks will be allotted to the first Party and the details is mentioned below

Car Park Number-87 Car Park Number - 92 Single Car Park Number - 93 Car Park Number - 83-

Car Park Number-089 A&B Back To Back

Car Park Number 088 A&B Back To Back NC: 2024:KHC:24804 Car Park Number 82 A&B Back To Back

Car Park Number-84 Car Park Number -85 Single Car Park Number - 90 Car Park Number - 91

c. The Security Deposit for all the above-mentioned flats (F301, F502, F504, F1304, F1501, F101, F103, F1201 and F1602) will be waived off against Good Will amount.

d. In lieu of the settlement arrived at it is resolved that considering the amount paid by the second party to the first party i.e., to Lalitha Gowda as refundable and non-refundable deposit to the tune of Rs. 10,00,000/-(Rupees Ten Lakhs Only) and P. Nanda Kishore as refundable and non-refundable deposit to the tune of Rs. 10,00,000/-(Rupees Ten Lakhs Only). At this juncture it is agreed between the parties that the second party would further pay a sum of Rs.67,00,000/-(Rupees Sixty Seven Lakhs Only) to the first parties as full and final settlement, for differences in area. The second party has agreed to pay the first party and their agreed associates as a full and final settlement in Two Tranches. The first tranches is paid on 16.01.2024 and the second tranches is paid on 16.02.2024, the schedule amount details of payment are as under.

f. The Second Party will provide a copy of the Completion Certificate and Occupancy Certificate within 6 months from the date of signing this MOU. Time is the essence of this Agreement. Each party shall take all necessary steps to ensure that they comply with their respective obligations under this Agreement in a timely and efficient manner. The Second Party shall also remove all its movable properties and machineries from the Schedule Property to enable the First Party to take possession of the Schedule Property.

g. If there are any disputes or differences between the parties in relation to this Agreement, the same shall be referred to arbitrator as per the prevailing conditions mentioned in the joint development agreement. Arbitration shall be conducted in Bangalore in the English Language. Subsequent to all the above being complied with, both parties acknowledge and confirm that there will be no claims whatsoever in future to the schedule property.

h. It is agreed that the second party shall pay the GST amount resultant from the handing over of residential units(flats) falling under the share of the first party at the time of handing over possession. NC: 2024:KHC:24804 i. It is agreed by second party that on handing over possession of the share of apartments to First Party, the Second Party shall comply with the provisions of law in discharging the applicable GST on handing over apartments / units to the Government and issuance of tax invoice by way of declaring the transaction in GSTR-1 and GSTR-3B within due date.

j. It is further agreed that that the second party shall complete the construction and handover the residential units (flats) falling under the share of the first party within 16th January 2024. k. It is agreed that the first party would withdraw the undated notice issued by the first party unconditionally and without any prejudice to the second party.

l. The first party undertakes to Co-operate in quashing/compounding of the alleged offences in CC.NO.27982/2022, by appearing before the Hon'ble High Court of Karnataka in Crl.P.No.11050/2022, by giving unconditional consent for quashing the criminal proceedings in the CC.NO. 27982/2022. m. It is agreed that the other owners who are party to the Joint development Agreement are not party to this MOU and this MOU is agreed on mutual

discussion and for the benefit of the both the parties and this understanding is not binding on the other owners. Since the above settlement purely personal both the parties undertakes to maintain secrecy and the first party shall not induce the other owners for any other settlement as the conditions of the Joint development Agreement and allocation agreement will prevail for other owners in the project "Hoysala Ace-II. NC: 2024:KHC:24804 SCHEDULE

North by: Land in Sy. No.75/2 South by: Land in Sy.No.65/2B East by: Land in Sy.No.67/2 and Sy.No.4 West by: Land in Sy.No.65/1 (Hoysala Ace Phase-1

IN WITNESS WHEREOF the parties hereto have set their hands and seals on the day and the year first hereinabove referred to:

SIGNED, SEALED AND DELIVERED by them.

RU, List No.: 1 Sl No.: 113