Gautam Rohatgi vs. Krishna Mohan PVT LTD
Held
The Court held that the parties had arrived at a settlement and presented a joint application under Order XXIII Rule 3 CPC to record the same. The essential terms of the settlement were detailed, including the handover of property possession, payment of use and occupation charges (inclusive of GST), settlement of past rent, and responsibility for electricity charges. The Court noted that parties confirmed no other claims inter se. Consequently, the Court ordered that the parties shall remain bound by the terms of the settlement and that any violation would be deemed a violation of the Court's orders. The petition was disposed of in terms of the settlement, and pending applications were also disposed of.
Facts
The petitioner, Gautam Rohatgi, and the respondent, Krishna Mohan Pvt Ltd, presented a joint application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, to record a settlement. The settlement pertains to a property dispute, specifically concerning a portion admeasuring 564 sq. ft. on the Second Floor of Delite Cinema Building, Asaf Ali Road, New Delhi. The agreed terms include the petitioner handing over vacant possession of the property by March 31, 2021. For the period from August 1, 2019, to March 31, 2021, the petitioner will pay use and occupation charges of Rs. 15,000 per month, inclusive of GST, to the respondent. The petitioner has also paid all arrears of agreed rent up to July 31, 2019, and will clear electricity charges until the vacation date. The parties confirmed no other claims against each other.
Key Issues
1. Whether the terms of settlement, as presented by the parties, are lawful and should be recorded by the Court, thereby disposing of the petition. Petitioner's Arguments: The petitioner, present in person and represented by counsel, confirmed the settlement terms and sought their recording. Respondent's Arguments: The respondent, represented by counsel, also confirmed the settlement terms and sought their recording. The judgment does not record any specific arguments beyond the confirmation of the settlement terms by both parties.
Sections Cited
Order XXIII Rule 3 CPC
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
O R D E R % 08.08.2019 RC.REV. 288/2012 & CM APPL. No. 35698/2019 (application under Order XXIII Rule 3 CPC) Parties are present alongwith their representatives.
The parties have moved a joint application under Order XXIII Rule 3 CPC to bring on record the terms of settlement arrived at between the parties. The application has been signed by both parties.
The essential terms of settlement are that: (a) the petitioner shall hand-over vacant, peaceful, physical possession of the subject property, being a portion admeasuring 564 sq. ft. situate on the Second Floor of Delite Cinema Building, Asaf Ali Road, New Delhi to the respondent on or before 31.03.2021. (b) for the period commencing 01.08.2019 till 31.03.2021, the petitioner shall pay to the respondent use and occupation charges at Rs. 15,000/- per month inclusive of GST, on or before
The judgment continues below.
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