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2026 DAILYLAW 12178 (DEL)

SHARAD AGGARWAL & ANR. v. NARESH GUPTA & ANR.

CS(OS)/506/2026 · 2026-07-16

Tushar Rao Gedela

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CS(OS) 506/2026 & CS(COMM) 652/2026 Page 1 of 4 $~36 & 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 506/2026 SHARAD AGGARWAL & ANR. .....Plaintiffs Through: Mr. Manohar Malik, Advocate (Through VC) along with P-1 and P-2 in person. versus NARESH GUPTA & ANR. ....Defendants Through: Mr. Devashish Bhadauria, Advocate (Through VC) along with Mr. Anuj Sethi, defendant in person. (13) + CS(COMM) 652/2026 & I.A. 15876/2026 ANUJ SETHI .....Plaintiff Through: Mr. Devashish Bhadauria, Advocate (Through VC) along with plaintiff in person. versus SHARAD AGGARWAL & ANR. ...Defendants Through: Mr. Manohar Malik, Advocate (Through VC) along with D-1 and D-2 in person. CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 16.07.2026 I.A. 18237/2026 in CS(OS) 506/2026 and I.A. 18254/2026 in CS(COMM) 652/2026 (Under Order XXIII Rule 3, CPC) 1. These are applications filed jointly on behalf of the plaintiffs as also the defendants under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908, (hereinafter referred to as ‘CPC’) for recording the settlement arrived at between the parties and for passing a decree in terms of 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 20/07/2026 at 11:27:59 CS(OS) 506/2026 & CS(COMM) 652/2026 Page 2 of 4 the Settlement Agreement dated 13.07.2026. 2. Learned counsel for the parties state that the inter se disputes between the parties has been amicably resolved and the terms of settlement have been recorded into writing vide the Statement Agreement dated 13.07.2026. The terms of settlement as recorded in the Settlement Agreement dated 13.07.2026 are extracted hereunder: “1. In full and final settlement of all claims, demands, disputes, differences, rights, liabilities and causes of action of whatsoever nature, whether known or unknown, present or future, accrued or contingent, arising out of, in relation to, or in connection with the Agreement for Construction/Collaboration Agreement and the Agreement to Sell, both dated 18.03.2025, the Subject Property, and all ancillary or consequential matters arising therefrom, the First Party hereby agrees to pay, and the Second Party hereby agrees to accept, a consolidated one-time settlement amount of Rs. 50,00,000/- (Rupees Fifty Lakhs Only) (“Settlement Amount”). 2. The Settlement Amount stands paid to the Second Party at the time of the execution of this Settlement Agreement by way of Demand Draft bearing No. 000743, dated 13.07.2026, drawn on HDFC Bank, payable at New Delhi, the receipt whereof is hereby duly acknowledged by the Second Party. 3. Upon receipt of the Settlement Amount, the Second Party shall have no any further claim, demand, right, title, interest, compensation, damages, costs, or any other entitlement whatsoever against the First Party arising out of or in connection with the Construction/Collaboration Agreement and the Agreement to Sell, both dated 18.03.2025, the Subject Property, or any matter ancillary, incidental, or consequential thereto and the disputes between the Parties shall stand fully and finally resolved. 4. The Parties hereby agree and declare that the Construction/Collaboration Agreement and the Agreement to Sell, both dated 18.03.2025, stand terminated and cease to have any legal force or effect whatsoever. Neither Party shall have or assert any right, claim, benefit, obligation or liability of any nature whatsoever against the other arising under or in connection with the said Agreements, save and except the obligations expressly contained in this Agreement. 5. Within seven (7) days from the date of execution of this Settlement Agreement, the Second Party shall, at its own cost, cause to be published in the English daily newspapers “The Times of India”, “The Hindustan Times”, in the same editions in which the earlier public notices dated 19.05.2026 were published, fresh public notices expressly withdrawing, 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 20/07/2026 at 11:27:59 CS(OS) 506/2026 & CS(COMM) 652/2026 Page 3 of 4 and superseding the said earlier public notices. The said public notices shall, interalia, unequivocally state that: a) the earlier public notices dated 19.05.2026 stands withdrawn and shall be treated as cancelled; b) the Second Party has no right, title, interest, claim, lien, charge or objection of any nature whatsoever in respect of the property bearing No. A-211, Defence Colony, New Delhi – 110024. 6. The Parties agree that upon the execution of this Settlement Agreement and the acknowledgment of the Settlement Amount, the Parties shall jointly take all necessary steps, including filing the application under Order XXIII Rule 3 of the CPC, before the Hon'ble High Court of Delhi for the disposal of the following pending proceedings by way of a consent decree/Order in terms of this Settlement Agreement: a) CS (OS) No. 506 of 2026, titled Sharad Aggarwal & Anr. v. Naresh Gupta & Anr.; and b) CS (COMM) No. 652 of 2026, titled Anuj Sethi v. Sharad Aggarwal & Anr. 7. Upon the disposal of the aforesaid civil proceedings in terms of this Settlement Agreement, all past, present, and future disputes and differences between the Parties qua the above-mentioned cases shall stand settled and resolved, and neither Party shall institute or maintain any fresh suit, criminal complaint, application or proceeding arising out of the subject matter thereof, except for enforcement of the terms of this Settlement Agreement. 8. The Parties further agree that they shall take all necessary steps to have the FIR bearing No. 0144/2026 dated 22.06.2026 quashed by the Hon'ble High Court. The Second Party has no objection and will provide full cooperation in respect of all steps required for quashing of the aforesaid FIR. 9. The Parties expressly agree and acknowledge that this Settlement Agreement constitutes a complete, final and irrevocable accord and satisfaction of all disputes, differences, litigations, claims, counterclaims, rights, liabilities, causes of action and demands of every nature whatsoever, whether known or unknown, present or future, contractual, statutory, equitable or otherwise, arising out of or in connection with the Agreement for Construction/Collaboration, the Agreement to Sell, both dated 18.03.2025, the Subject Property, the transactions contemplated thereunder and all matters ancillary or incidental thereto. Upon execution of this Settlement Agreement, all such claims, and rights shall stand fully and finally extinguished, except for the rights and obligations expressly 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 20/07/2026 at 11:27:59 CS(OS) 506/2026 & CS(COMM) 652/2026 Page 4 of 4 created under this Settlement Agreement. 10. The Second Party represents that, as per the seizure memo prepared in connection with the aforesaid FIR, the documents listed therein, together with all original documents pertaining to the Subject Property in his possession, shall be handed over to the First Party within seven (7) days from the date of execution of this Settlement Agreement and Second Party further undertakes not to use the same in whatever manner ever in future.” 3. It is stated that the compliances are complete except for publication in terms of Clause 5 and also Clause 8. The parties shall file an affidavit of compliance within two weeks after the compliances are complete. 4. This Court has perused the terms of the settlement and finds them lawful as also within the contours or Order XXIII Rule 3, CPC. 5. There appears to be no impediment in case the suits are decreed in the terms of the Settlement Agreement dated 13.07.2026. 6. Parties shall remain bound by the aforesaid terms of settlement. 7. Let a decree sheet be drawn up in terms of the aforesaid. 8. The Court Fees shall be refunded to the plaintiffs in terms of Section 16 of the Court Fees (Delhi Amendment) Act, 2026, upon completion of all formalities as per Rules. 9. The suits are decreed and disposed of alongwith all pending applications, if any. 10. The date already fixed i.e. 30.07.2026 before the Joint Registrar (Judl.) and the date already fixed i.e. 30.09.2026 before the Court stand cancelled. TUSHAR RAO GEDELA, J JULY 16, 2026/anj 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 20/07/2026 at 11:27:59