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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

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

to sell the 3rd / 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.