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Judgment
DELHI HIGH COURT MEDIATION AND CONCILIATION CENTRE
DELHI HIGH COURT, SHER SHAH ROAD, NEW DELHI
Date: 14.01.2021
SETTLEMENT AGREEMENT
This SETTLEMENT AGREEMENT is entered into on 14.01.2021
BETWEEN
MR. ANIL MADHOK (PAN NO. ADFPM7163G AADHAR NO. 8104 7607 98 1S5/O) SH. INDERJI
MADHOK R/O C-8, SECTOR 20, NOIDA, UTTAR PRADESH (HEREINAFRTEEFRE RRED TO A
“FIRST PARTYâ€, WHICH EXPRESSION SHALL,UNLESS REPUGNANT TOC TOHNET EXT O
MEANING THEREOF,BE DEEMED TO MEAN AND INCLUDE HIS LEGAL
REPRESENTATIVES, EXECUTORS, SUCCESSORS AND PERMITTED ASSIGNS, ETC.), TBHEEI
PARTY OF THE ONE PART;
AND
M/S SPAZE TOWERS PRIVATE LIMITE, DA COMPANY EXISTINGU NDER THE PROVISIONS
COMPANIES ACT, 2013 AND HAVING ITS REGISTERED OFFAITC EU G-39, UPPER GROUN
FLOOR, SOMDATT CHAMBER-II, 9, BHIKAJI CAMA PLACE, NDEEWLH I â€" 110066 AN
CORPORATE OFFICE AT “SPAZEDGE†SECTOR 47, GURUGRAM-SORHONAAD , GURUGRA
HARYANA THROUGH ITS AUTHORISED REPRESENTATIVE MR. HARSPINAGL H CHAWL
AUTHORISED VIDE BOARD RESOLUTION DATED 11.01.2021. COPY OFS TAHMEE IS ANNEXE
HEREWITH AS ANNEXURE â€" A. (HEREINAFTER REFERRED TO ASâ €TœHSEE COND PARTYâ
WHICH EXPRESSION SHALL, UNLESS IT BE REPUGNANT TO THE CONOTRE XMT EANIN
THEREOF, BE DEEMED TO INCLUDE ITS REPRESENTATIVES, EXECUTSOURCSC, ESSORS AN
PERMITTED ASSIGNS, ETC.), BEING THE PARTY OF THE SECOND PART.
The “First Party†and the “Second Party†are jointly referred to as the Parties†and
individually as the “Partyâ€.
That the First Party purchased a commercial Unit no. GF-10, admeasuring 966 sq. ft. (hereinafter
referred to as “Unitâ€) located on the ground floor of the Project “Spaze Arrow†launched by
the Second Party in Sector -78,Gurugram, Haryana and an Allotment Letter dt. 07.12.2012 was issued
by the Second Party. Further, a Builder Buyer Agreement was executed between the Parties on
19.03.2015.
That an amount of Rs. 1,13,19,336/- was paid by the First Party to the Second Party in instalments till
Mayâ€2016 qua the aforesaid Unit as towards its sale consideration. Further, the First Party has
availed a loan facility from ICICI Bank Ltd. of Rs.31,63,907/-(Rupees Thirty One Lac Sixty Thr
Thousand Nine Hundred Seven) for paying a partial amount of money qua the aforesaid Unit.
That some disputes arose between the Parties related to the aforesaid Unit, due to which a Legal
Notice was served by the First Party through its counsel upon the Second Party seeking refund of
amount paid by the First Party. Receiving no response to the Legal Notice, the First Party lodged a
complaint at P.S. R.K. Puram against the Second Party and its Directors, alleging thec heating and
criminal breach of trust. Upon no action by the Police and higher authorities, in 2019, the First Party
had approached the Court of Chief Metropolitan Magistrate, New Delhi District, New Delhi unde
section 156(3) of CrPC in C.C. No. 11526/2019 and sought penal action against theS econd Party
alleging the offence of cheating, criminal breach of trust, etc. committed against the First Party,
Consequently, the Honâ€ble Court ordered for registration of FIR against the Second Party and it
Directors vide Order dt. 21.11.2019.
That furthermore, the aggrieved Second Party approached the Honâ€ble Court of District &
Sessions Judge, New Delhi District, New Delhi challenging theO rder dt. 21.11.2019 thereby in
Criminal Revision Petition titled as Harpal Singh Chawla v. State, whereby the Honâ€ble Court of ASJ
New Delhi declined to grant interim relief to the Second Party vide Order dt. 17.01.2020. The said
Revision Petition is pending for adjudication.
That further the Second Party approached the Honâ€ble High Court of Delhi byf iling Crl. Misc.
(Main) No. 613 of 2020 seeking quashing of Order dt. 21.11.2019 and Order dt. 17.01.2020 of the
Honâ€ble Court of ASJ-02,New Delhi.",,,,,
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Sr. No.,"Cheque Drawn
in favour of",Bank Name,Cheque No.,Amount,Cheque date
1,Anil Madhok,Axis Bank,636006,"Rs.2,03,336/-",13.01.2021
2,Anil Madhok,Axis Bank,635998,"Rs.15,88,000/-",26.03.2021
3,Anil Madhok,Axis Bank,635999,"Rs.15,88,000/-",26.04.2021
4,Anil Madhok,Axis Bank,636000,"Rs.15,88,000/-",26.05.2021
5,Anil Madhok,Axis Bank,636001,"Rs.15,88,000/-",26.06.2021
6,Anil Madhok,Axis Bank,636002,"Rs.15,88,000/-",26.07.2021
7,Anil Madhok,Axis Bank,636003,"Rs.15,88,000/-",26.08.2021
8,Anil Madhok,Axis Bank,636004,"Rs.15,88,000/-",26.09.2021
,,,,,
,"consent and extend full cooperation in disposing of Crl. Misc. (Main) No.613 of 2020 titled as Harpa
Singh Chawla v. State pending before the Honâ€ble Delhi Court, reserving its rights to revive the
aforesaid litigation upon the non-receipt of the aforesaid instalments.
That, the First Party agrees that from the date of this Agreement it has no right, title or interest
whatsoever on the said Unit and that there is no encumbrance, except as specifically agreed in Clause 5
above, on the said Unit by way of any loan, charge, agreement, lis-pendens, decree, attachment, etc.
and any loan/ charge/ agreement whatever created by it has been duly discharged/ satisfied/ cancelled
for which it undertakes to indemnify and hold harmless the Second Party.
That, the First Party shall have no objection if the Second Party deals witht he said Unit in any
manner it may feel appropriate.
That, the First Party acknowledges that all its concerns, issues, doubts, queries, claims, grievances
etc. with respect to the Second Party, Project, etc., whatsoever, has been settled and that the First Party,
with its free will and without any pressure or rapacity, agrees not (i) to institute any suit, or/and file any
complaint(s)/application(s), etc., whatsoever, with any court, or/and authority(ies) including Police/
RERA/ EOW, NCDRC, NCLT etc.e,i ther against the Second Party or against the Directors, officers,
employees, etc. of the Second Party or any of them. The First Party shalla lso forthwith withdraw all its
complaint dated 07.02.2020 lodged against both S.H.O. and I.O. of Police Station R.K. Puram, Ne
Delhi with Vigilance Deptt. and/or before any other authority or any such similar applications,
reserving its rights to revive the aforesaid litigation upon the non-receipt of the aforesaid instalments.
That, the First Party undertakes not to invoke the Second Party including itsD irectors, nominees,
employees, etc. in any litigation/ dispute whatsoever with regard to the said Project, Unit, possession,
delay compensation in handing over of the Unit etc. at any time in future and/or otherwise, and shall
forthwith withdraw all its complaints including litigation, if any, sub-judice in any court of law and/or
pending before any Authority including RERA, Police, NCDRC, NCLT etc.
1 2 . The First Party undertakes and confirms to sign, execute, submit necessary
Agreements/documents/undertakings/letters etc. as may be required by the Second Party in its standard
formats and further do/perform all other necessary acts, as may be required by the Second Party for the
purpose of delivering possession of the Unit and registration of Sale/Conveyance Agreement with
respect to the Unit.
CONSEQUENCES OF BREACH OF SETTLEMENT:
That the Parties have mutually agreed that in case of breach of this Agreement without any non-
justifiable reason, then the following consequences shall follow:
i. Both the Parties shall be entitled to initiate contempt proceedings against the other, for the deliberate
and willful breach of the Settlement Agreement committed by any of the Parties.
ii. The First Party shall be entitled to initiate proceedings against the Second Party under Section 138
of the Negotiable Instruments Act, for the dishonor of cheques.
iii. The First Party will be at liberty to revive the proceedings withdrawn by the First Party against the
Second Party in case of dishonor of cheques, provided that the Second Party shall be provided an
opportunity of reasonable time of seven days to make the payments against the dishonor of cheques.
iv. In case of default of the aforesaid instalments, even after grace period of seven days, by the Second
Party, the amount having already been paid by the Second Party shall stand forfeited.
That the remedies mentioned hereinabove are not exhaustive and it shall include any other remedy as
well which is permitted by the Law in force.
CONSENT:
That, the First Party hereby affirms and accepts that the aforesaid understanding arrived at between
the Parties is toward mutual settlement of all disputes and has been arrived at with its free will and
consent and without any force, compulsion or undue influence of any nature, whatsoever and
accordingly, the First Party, immediately, unequivocally and forever releases/discharges the Second
Party including its directors, representatives, etc. of all its issues, grievances, claims, demands,
applications, complaints, petitions etc., whatsoever, instituted/filed by it against the Second Party.
The Parties represents and warrants that, they intend to be legally bound by this Agreement, that the
execution of this Agreement is free and voluntary, that no inducements, threats, presentations, or
influences of any kind were made or exerted by or on behalf of any Party (in any manner or kind
whatsoever).
LEGAL AND BINDING AGREEMENT:
This Agreement is legal and binding between the Parties as stated above. The Parties each represent
that they have the authority to enter into this Agreement.
ENTIRE AGREEMENT:
The Parties acknowledge and agree that this Agreement represents the entire","l
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Agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify
any terms, they shall do so in writing to be signed by both parties.
CONSTRUCTION OF AGREEMENT:
The language of this Agreement shall not be construed for or against either Party. The Parties
acknowledge that they have both participated in the drafting of this Agreement, and the language of all
parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and
the Parties further agree that the rule of construction of contracts resolving ambiguities against the
drafting Party shall be inapplicable to this Agreement. The headings used herein are for reference only
and shall not affect the construction or interpretation of the Agreement.
RESIDUARY CLAUSES:
That, the First Party agrees and undertake to hold harmless, indemnify and keep indemnified the
Second Party and/or its affiliates/subsidiaries including its Directors, employees, etc. of and from any
and all liabilities, actions, causes of action, claims, debts, demands, damages, and liabilities etc. and
compensation of every nature, kind and character, whatsoever, which may be suffered/incurred by
them, on account of any action, complaint, suit etc., by whatever name called, instituted/filed/initiated by
the First Party and/or anyone on its behalf. The First Party further affirms and undertakes to appear
before any court/ authority(ies) and sign necessary documents/paper/undertakings, and do/perform all
necessary tasks/Agreements, etc. to support/save/defend/hold the Second Party including its Directors,
representatives, employees, etc. and keep them saved and harmless from and against any action/enquiry
etc., which is based on any plaint/report/complaint etc. filed/instituted by the First Party and/or anyone
on its behalf.
The Parties agree to keep the contents of this Agreement confidential and not divulge information
about this Agreement to any third party except to the extent required for the quashing proceedings in
any court and/or before any authority.
This Agreement contains the sole and entire understanding/agreement of the Parties with respect to
the entire subject matter hereof, and all prior discussions, negotiations, commitments, and
understandings, or Agreements/Agreements related thereto stands dissolved. Each of the Parties hereto
acknowledges that no representation or promise not expressly set forth in this Agreement has been
made by any other Party hereto, or by any of their agents, servants, employees, representatives,
attorneys or accountants to the other Party.
This Agreement shall bind and inure to the benefit of the respective successors, assigns, legatees, and
personal representatives of the Parties.
The Parties acknowledge, confirm and declare that, the recitals detailed hereinabove shall be
considered to be an integral part of this Agreement, legally binding on all the Parties.
6 . The Parties agree and understand that, this Agreement shall be considered to be a valid
request/application to any/all concerned authorities for withdrawal of all
complaints/applications/reports etc., by whatever name called, made/filed by First Party against the
Second Party, its maintenance agency including their respective directors, employees, etc.
This Agreement shall be governed by the laws of India and courts at Delhi shall have jurisdiction to
entertain all disputes arising out of or touching upon any of the provisions of this Agreement.
That the contents of the above settlement agreement have been read over to all the parties in
vernacular and all the parties have agreed to and understood the same.
Keeping in view the settlement arrived at between the parties, I hereby set aside the afore-mentioned
orders dated 17.01.2020 and 21. 11.2019.",,,,,