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2017 DAILYLAW 5367 (DEL)

SH. SANJAY GUPTA v. M/S KRISHNA HOSPITALITY & ANR

CS(COMM)/646/2017 · 2026-08-12

Subramonium Prasad

body2017

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC014465612017 + CS(COMM) 646/2017 SH. SANJAY GUPTA .....Plaintiff Through: Mr. Vedansh Vashisht, Advocate versus M/S KRISHNA HOSPITALITY & ANR .....Defendants Through: Mr. Rishi Sood, Advocate for Respondents No.1&2 CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R % 12.08.2026 1. The present Suit is one for possession, recovery of premises bearing No.6, Anand Lok, New Delhi and for mesne profits. 2. During the pendency of the proceedings, the Parties were referred for mediation to explore the possibility of an amicable settlement. It is stated that the Parties have settled the disputes and have entered into a Settlement Agreement dated 11.08.2026. The Settlement Agreement dated 11.08.2026 is reproduced in its entirety, and the same reads as under:- “SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is executed on this 11th day of August, 2026 at New Delhi. BETWEEN This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:28:23 SH. SANJAY GUPTA, S/o Sh. L.R. Gupta, R/o 47, Amrita Shergill Marg, New Delhi - 110011. (hereinafter referred to as the "First Party"/ "Sh. Sanjay Gupta", which expression shall, unless repugnant to the context, include his legal heirs, successors, representatives and assignees). AND M/S KRISHNA HOSPITALITY, through its Partner/ Authorised Signatory Sh. Nimit Bhatia, having its office at, 6, Anand Lok, New Delhi - 110049. (hereinafter referred to as the "Second Party", which expression shall, unless repugnant to the context, include its partners, successors, legal representatives and assignees). (The First Party and the Second Party are hereinafter collectively referred to as the "Parties".) WHEREAS A. That the First Party instituted Civil Suit bearing CS(COMM) No. 646 of 2017 titled as “Sanjay Gupta Versus M/s Krishna Hospitality & Anr.” (hereinafter referred to as the “Suit”) before the Hon’ble High Court of Delhi seeking, inter alia, possession, recovery of arrears of rent, mesne profits, damages and other consequential reliefs arising out of the tenancy in respect of property bearing No. 6, Anand Lok, New Delhi. B. That the Second Party entered appearance in the Suit and contested the claims of the First Party and the matter has remained pending adjudication before the Hon’ble High Court of Delhi. C. That in terms of order dated 08.05.2019 passed in the Suit, the possession of the said property has already been handed over by the Second Party to the First Party. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:28:23 D. That the Parties have amicable resolved their issues and have arrived at a settlement & are desirous of reducing into writing the terms and conditions of the settlement so reached, so as to finally resolve all disputes arising out of and connected with the CS(COMM) No. 646 of 2017 and to bind themselves to the covenants, undertakings and obligations recorded herein. E. That the Parties acknowledge that this Settlement Agreement constitutes a full and final settlement of all claims between them in relation to the Suit and the subject matter thereof and that neither Party shall hereafter raise any demand, claim or proceeding against the other in respect of the said tenancy or the reliefs claimed in the Suit. NOW THEREFORE, THE PARTIES AGREE AS UNDER: 1. The Parties hereby agree and declare that all disputes, claims, counter-claims, demands, causes of action, liabilities and differences whatsoever, arising directly or indirectly out of the lease deeds, tenancy, occupation of the premises, accounts, damages, mesne profits, compensation or any other connected matter, stand amicably settled in terms of this Settlement Agreement. 2. The Second Party agrees to pay a total sum of Rs. 10,00,000/- (Rupees Ten Lakhs Only) to the First Party towards full and final settlement of all claims of whatsoever nature arising out of the aforementioned Suit and the subject matter thereof. 3. The aforesaid settlement amount shall be paid contemporaneously with the execution of this present Agreement by way of Demand Draft in favour of Sh. Sanjay Gupta, details of which are as following: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:28:23 Demand Draft No. Dated Amount Drawn on 258431 16.07.202 6 Rs. 1,00,000/- (Rupees One Lakh Only) Standard Chartered Bank 006782 13.07.202 6 Rs. 3,00,000/- (Rupees Three Lakh Only) HDFC Bank 000003 10.07.202 6 Rs. 6,00,000/- (Rupees Six Lakh Only) Bank of India 4. Upon receipt of the aforesaid Demand Draft for Rs. 10,00,000/- (Rupees Ten Lakhs Only), the First Party shall have no surviving claim, demand or cause of action whatsoever against the Second Party in relation to the subject matter of the disputes. The First Party expressly acknowledges that the said amount constitutes complete satisfaction of all claims. 5. Upon receipt of the settlement amount: (a) That the First Party shall move appropriate application before the Hon’ble High Court of Delhi for withdrawal of the proceedings being CS(COMM) No. 646 of 2017 titled as “Sanjay Gupta Versus M/s Krishna Hospitality & Anr.”, in terms of the present Settlement Agreement, so as to bring the Suit to a lawful conclusion. (b) If the First party does not file the application for withdrawal of the suit, the proceedings may nonetheless be withdrawn solely on the strength of this Settlement Agreement, which shall constitute valid, sufficient and binding evidence of settlement. This Agreement may be placed on record before the Hon’ble High Court of Delhi and relied upon to This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:28:23 effectuate closure of the said matters, without the necessity of any further documentation or undertaking. (c) Neither Party shall thereafter pursue or maintain any claim arising out of the subject matter of the disputes. 6. The Parties mutually release, acquit and forever discharge each other from all civil, criminal and commercial claims, damages, compensation, rent claims, interest and any other monetary or legal claim, whether known or unknown, existing or future, arising from the disputes between them. 7. The Parties undertake that after execution and implementation of this Settlement Agreement, neither Party shall initiate or continue any proceedings against the other with respect to the disputes settled herein. 8. The Parties declare that this Settlement Agreement has been executed voluntarily, with free consent and without any coercion, undue influence, fraud or misrepresentation. 9. The Parties acknowledge that this Settlement Agreement constitutes the entire understanding between them and supersedes all previous negotiations, discussions and proposals relating to the settlement of the disputes. 10. The Parties undertake to faithfully abide by each and every term of this Settlement Agreement and covenant not to raise any dispute contrary to the present compromise. 11. This Agreement constitutes the complete and binding understanding between the Parties concerning the disputes forming the subject matter of the Suit and supersedes all previous negotiations or understandings relating thereto.” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:28:23 3. A perusal of the Settlement Agreement indicates that the Defendants have paid a sum of Rs.10,00,000/- by way of three Demand Drafts to the Plaintiff as a full and final settlement of all the claims arising in the present Suit. Three Demand Drafts dated 10.07.2026, 13.07.2026 and 16.07.2026 as mentioned in Paragraph No.3 of the Settlement Agreement have already been handed over to the learned Counsel for the Plaintiff. Learned Counsel for the Plaintiff states that he has received the said Demand Drafts. 4. Though, the Settlement Agreement also states that a formal application under Order XXIII Rule 3 of the CPC has to be filed, however, learned Counsel for the Parties states that since the Settlement Agreement has been implemented and the Demand Drafts have been handed over, therefore, there is no requirement for filing a formal application under Order XXIII Rule 3 of the CPC. 5. The Settlement Agreement is taken on record. This Court has perused the Settlement Agreement and is of the opinion that the same is lawful in nature. The Settlement Agreement has been signed by the Plaintiff and the Defendants. Statements have also been made on behalf of the Parties that the Settlement Agreement has been acted upon and therefore, nothing survives in the present Suit. 6. The Parties are bound by the terms of the Settlement Agreement dated 11.08.2026. The parties are directed to abide by the Settlement Agreement dated 11.08.2026 and not raise any further disputes in implementing the same. 7. It is made clear that any violation of the Settlement Agreement dated 11.08.2026 would be construed as a violation of an undertaking given to this Court. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:28:23 8. The present Suit is decreed in terms of the Settlement Agreement dated 11.08.2026. 9. In view of the fact that the Parties have entered into a settlement and the Suit is withdrawn in terms of the Settlement Agreement and in light of the of the Judgment passed by the Division Bench of this Court in Nutan Batra v. Buniyaad Associates, 2018 SCC OnLine Del 12916, and the Notification bearing No.F.14(105)/LA-2026/jtsecylaw/359-368 dated 06.03.2026 issued by Department of Law, Justice and Legislative Affairs, GNCTD, let the entire Court Fees be refunded. SUBRAMONIUM PRASAD, J AUGUST 12, 2026 Prateek This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:28:23