1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MA No. 4 of 2024 1 - Chhattisgarh Housing Board Through Commissioner, Paryawas Bhawan, Sector- 19, Naya Raipur, Atal Nagar, District Raipur (C.G.) 2 - Executive Engineer Chhattisgarh Housing Board, Division-2, Shankar Nagar, Raipur (C.G.) 3 - Estate Officer Chhattisgarh Housing Board, Zone-3, Shankar Nagar, Raipur (C.G.) ... Appellants versus 1 - Smt. Dr. Monika Pathak W/o Shri Navendu Pathak Aged About 51 Years R/o Sai Suraksha Hospital, Near Ashirvad Bhavan, Baron Bazar, Tehsil And District Raipur (C.G.) ... Respondent(s) For Appellant : Mr. Trivikram Nayak, Advocate For Respondent : Ms. Laxmi Gupta, Advocate appearing on behalf of Mr. Kshitij Sharma, Advocate (Division Bench) (Hon’ble Smt. Justice Rajani Dubey Hon'ble Shri Justice Amitendra Kishore Prasad) Order on Board Per; Rajani Dubey, Judge 26.11.2025 1. The appellant has filed the instant appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016 against the Digitally signed by SHAYNA KADRI 2 order dated 18.10.2023 passed in Appeal No. 63/22 by the learned RERA, Appellate Tribunal, Raipur (C.G.). 2. During the pendency of appeal, both the parties agreed for amicable settlement and vide order dated 28.10.2025, the matter was referred to Mediation Centre of this Court and both parties have settled their dispute before the Mediation Centre on 20.11.2025, wherein, upon detailed and elaborate discussions of both the parties, compromise was arrived at between the parties in terms of the settlement agreement dated 20.11.2025, which was duly signed by them. 3. Operative paras of the settlement agreement dated 20.11.2025 are as under:- “Whereas a house was allotted to Dr. Monika Pathak by Chhattisgarh Housing Board and a payment schedule was provided to her. According to the schedule, payment was made totaling a sum of Rs. 36,53,434/- lease deed was executed on 24.09.2015 and letter of possession was given on 23.11.2015. However no actual possession was given owing to structural defects. A complaint was filed in RERA which directed Housing Board to refund the advance lease rent and refund the interest of Rs. 17,152/- and also to handover possession of the house after rectifying the entire defects. Challenging the same Dr. Pathak filed an appeal before the RERA Appellate Tribunal which directed to pay interest @ 10.70% P.A. for every month of delay on the amount of Rs. 36,53,500/- w.e.f. from 01.01.2016 till handing over the possession. Both the parties filed appeals before the High Court and the Hon'ble High Court directed the interest of 10.7% to be paid with effect from 15- 3 04-2015 on yearly rest alongwith actual amount of Rs. 36,53,434/- Challenging the order of Hon'ble High Court, Chhattisgarh Housing Board preferred Special Leave Petition before Hon'ble Supreme Court which came to be disposed of with a direction to refer the matter for mediation for an amicable settlement with regard to the rate of interest. Accordingly, the mediation meetings were held on 04-11-2025 and 20-11-2025. Proposals and counter proposals were exchanged between the parties and upon deliberations the Chhattisgarh Housing Boards has proposed to pay interest at the rate of 10% per annum with effect from 15-04- 2015 on annual rest on Rs. 36,53,434/-. The Housing Board has also proposed to release the entire amount along with interest as aforesaid within a period of 45 days. Dr. Monika Pathak readily and voluntarily agreed to accept the proposal. Now therefore, the Chhattisgarh Housing Board shall pay a sum of Rs. 36,53,434/- along with interest on annual rest at the rate of 10% per annum with effect from 15-04-2015 calculated on the date of payment to be made by 05th of January 2026. This agreement is being entered into upon free will of the parties without being influenced in any manner after having given a careful thought and consideration to all the aspects and attending circumstances. In witness whereof, the parties named herein put their signatures, this 20th day of Nov, 2025 at Mediation Centre, Chhattisgarh High Court, Bilaspur. 4 Sd/- Sd/- S.K. Bhagat, Dr. Monika Pathak Additional Commissioner Chhattisgarh Housing Board Raipur (C.G.) Authorised Signatory for Chhattisgarh Housing Board Sd/- Trivikram Nayak Counsel for Chhattisgarh Housing Board Sd/- (RANBIR SINGH MARHAS) MEDIATOR 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 before the Mediation Centre of this Court and therefore, the present appeal may be disposed of in terms of the aforesaid agreement dated 20.11.2025. 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 their settlement agreement dated 20.11.2025, the present appeal is disposed of in terms of the said agreement, the terms of the settlement agreement dated 20.11.2025, will form part of this judgment/decree. 5 7. Accordingly, the appeal is disposed of on the ground of compromise arrived at between the parties dated 20.11.2025. 8. Let a decree be drawn accordingly. Sd/- Sd/- (Rajani Dubey) (Amitendra Kishore Prasad) Judge Judge Shayna