1 2025:CGHC:32530-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MA No. 135 of 2023 M/s Kewalya Park Through Partner Ramchandra Kotwani, S/o Dhalumal Kotwani, Address Near Kewalya Dham Temple, Kumhari, District Durg (C.G.) ... Appellant versus Smt. Chitra Dubey W/o Mr. R.D. Dubey R/o H. No. 24/117, Tarun Nagar, Pandri, Tehsil And District Raipur (C.G.) ... Respondent(s) (Cause Title taken from CIS system) ______________________________________________________________ For Appellant : Mr. Rishabh Bajaj, Advocate. For Respondent : Mr. Nikhil Parakh, Advocate. ______________________________________________________________ Hon'ble Smt Justice Rajani Dubey, J. Hon’ble Shri Justice Amitendra Kishore Prasad, J. Order on Board Per, Rajani Dubey , Judge 14.07.2025 1. The appellant/promoter has filed the instant appeal against the order dated 20.07.2023 passed by learned Chhattisgarh Real Estate Appellate Tribunal, Raipur, District- Raipur (C.G.) in appeal No. 120/2023 arising out of the order passed by the learned RERA dated 31.10.2022 in case No. M-PRO-2022-01756. 2. During pendency of the appeal, both the parties have settled the dispute outside the court as per Mutual Settlement Agreement dated Digitally signed by AMIT PATEL 2 13.03.2025 executed before the Notary, which is duly signed by both the parties. 3. The terms and conditions of Mutual Settlement Agreement dated 13.03.2025 dated 13.03.2025 are as under:- “ AGREEMENT FOR MUTUAL SETTLEMENT This Agreement for Mutual Settlement (hereinafter referred to as the "Agreement") is executed on this 13th day of March, 2025, at Raipur (place) between: 1. M/s Kaiwalya Park, through its authorized signatory Mr. Ramchandra Kotwani, son of Mr. DhatumalKotwani, having its registered office at Kaiwalya Dham Mandir, Kumhari, Tehsil & District - Durg (Chhattisgarh) (hereinafter referred to as the "First Party," which expression shall, unless repugnant to the context or meaning thereof, mean and include its legal representatives, administrators, successors, and assigns); AND and mutually agree on the possession, payment schedule, and fulfillment of obligations by both parties. 2. Mrs. Chitra Dubey, wife of Mr. R.D. Dubey, residing at House No. 24/117, Tarun Nahar Pandri, Tehsil & District Raipur (Chhattisgarh) (hereinafter referred to as the "Second Party," which expression shall, unless repugnant to the context or meaning thereof, mean and include her legal representatives, administrators, successors, and assigns). WHEREAS: A. The First Party is a registered builder/promoter under the Real Estate Regulation and Development Act, 2016 (hereinafter referred to as the "Act of 2016"), with registration certificate no. PCGRERA230618000301, and is engaged in the development of a real estate project under the name M/s Kaiwalya Park, situated at Kumhari, Tehsil- Dhamdha, District-Durg, Ward No.12, Chhattisgarh. B. The Second Party has purchased a plot/land bearing No. 17, P.H. No. 53/46, House No. 17, located in Kaiwalya Park, Kumhari, District-Durg, Chhattisgarh. The property details are as follows: • Total Land Area: 1000 Sq. Ft. • Built-up Area: 958.33 Sq. Ft. • Super Built-up Area: • Ground Floor: 423.08 Sq. Ft. • First Floor: 479.25 Sq Ft. • Total Consideration Value Rs. 20,60,000/- (Rupees Twenty Lakhs Sixty Thousand Only) exclusive of service tax. • Amount Paid: Rs. 11,63,000 Rupees Eleven Lakhs Sixty-Three Thousand Only) as per the registered sale deed dated 20/03/2015. C. The parties now desire to enter into this Agreement to settle and mutually agree on the possession, payment schedule, and fulfillment of obligations by both parties. NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions continued herein, the parties hereby agree as follows: 1. OBLIGATIONS OF THE FIRST The First Party agrees to the following. a) To hand over physical possession of the said property to the Second Party on or before 30th May 2025. 3 b) To complete all fixtures, fittings, and construction work Including(tiles, electrical connection, sanitary fittings, whitwashing etc)as per the original agreement and brochure specifications. c) To ensure that the condition of the unit at the time of possession shall be new and as per the agreed terms. d) To comply with all terms and conditions stipulated in the registered agreement and brochure provided to the Second Party. 2. OBLIGATIONS OF THE SECOND PARTY The Second Party agrees to the following: a) To pay the agreed amount of Rs. 14,00,000/- (Rupees Fourteen Lakhs Only) in two equal installments: First Installment: Rs. 7,00,000/- (Rupees Seven Lakhs Only) on or before 17/03/2025.-Final Installment: Rs. 7,00,000/- (Rupees Seven Lakhs Only) upon taking possession and ensuring that the unit is delivered to her utmost satisfaction. b) To fulfill all financial obligations towards the completion of the transaction in accordance with this Agreement. 3. SETTLEMENT OF DISPUTES a) Both parties agree that no legal cases shall be maintained or initiated against each other regarding this agreement. b) If any case is pending before any court of law, both parties agree to withdraw such cases forthwith 4. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of India, and the courts in Raipur, Chhattisgarh shall have exclusive jurisdiction. 5. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, whether written or oral, concerning the subject matter herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. FIRST PARTY (M/s Kaiwalya Park) Through its Authorized Signatory Mr. Ramchandra Kotwani Signature ….Sd/-…… SECOND PARTY Mrs. Chitra Dubey Signature ….Sd/-…… Witnesses 1. Signature: Sd/- Name : Dr. R. D. Sharma Father Name: S. V. Sharma Address: Tarun Nagar, Pandri, Raipur 2. Signature:… Sd/- Name : Mohan Kumar Pandey Father Name: Shri Gyani Pandey Address: Devendra K-5, Raipur seal of notary 13th March, 2025 ’’ 4. Learned counsel for the parties jointly submit that the aforesaid agreement has been arrived at between the parties without any pressure or coercion, out of their own free will, whereby they have amicably resolved the dispute outside the Court and therefore, the 4 present appeal may be disposed of in terms of the aforesaid agreement dated 13.03.2025. 5. We have heard learned counsel for the respective parties. 6. In view of the submissions made by learned counsel for the parties and looking to the terms and conditions of the Mutual Settlement Agreement dated 13.03.2025, the present appeal stands disposed of in terms of the said agreement. The aforesaid agreement shall form part of the order. 7. Interlocutory application, if any pending, shall also stand disposed of. Sd/- Sd/- (Rajani dubey) (Amitendra kishore prasad) JUDGE JUDGE AMIT PATEL