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DELHI HIGH COURT
ASHA MENON
BDR Builders and Developers Private Limited – Appellant
Versus
Shrichand Bijlani – Respondent
| Table of Content |
|---|
| 1. petition for setting aside an execution order. (Para 1 , 2 , 3) |
| 2. arguments on the construction deviations and liability. (Para 6 , 7 , 8 , 9 , 10) |
| 3. respondent's position on construction and penalties. (Para 11 , 12 , 13 , 14) |
| 4. court's observations on the penalty claims and possession. (Para 15 , 16 , 17) |
| 5. evaluating the plan's compliance and further rectifications. (Para 18 , 19 , 20 , 21 , 22) |
| 6. court order for rectification and modification of injunctions. (Para 23 , 24 , 25) |
JUDGMENT
[VIA VIDEO CONFERENCING]
CM (M) 8/2021, CM APPLN. 278/2021 (by the petitioner u/S 151 CPC for stay)
1. This petition has been filed by the petitioner under Article 227 of the Constitution of India with the following prayers:
" a) Allow the present Petition and set aside the order dated 05.09.2020 passed by the Court of Shri Sanjay Sharma-II, Additional District Judge-05 (South East), Saket Courts, New Delhi in Execution Petition No. 1352 of 2018 titled as Shrichand Bijlani versus BDR Builders and Developers Private Limited;
b) Pass any other such order as this Hon'ble Court may deem fit in the facts and circumstances of the present case."
2. The brief facts as are relevant f
The court emphasized that parties must adhere strictly to the terms of a Compromise/Settlement Agreement in execution matters, especially concerning construction compliance and potential penalties.
Compromise/Settlement Agreement - Suit for possession, recovery of mesne profit and damages - Direction issued - As per terms of Clause iv of Compromise/Settlement Agreement, respondent was required ....
The main legal point established in the judgment is the enforcement of a Compromise Deed and the consequences of willful non-compliance, including the imposition of penalties and directions to ensure....
The court upheld the compromise order, finding no evidence of coercion, and directed the respondent to execute a sale deed for the entire property after regularisation.
The judgment emphasizes the importance of timely approval for construction, the need for clean hands in seeking equitable relief, and the significance of possession in property disputes.
The executing court affirmed that a valid compromise decree must be executed regardless of the landlords' objections, emphasizing the importance of compliance with contractual obligations.
Constructions raised in violation and disobedience of the interim orders of the court cannot be permitted to remain in existence. To uphold the majesty of law, the acts done by the petitioners in dis....
The court reaffirmed the binding nature of a valid settlement in property disputes, emphasizing that claims of fraud must be substantiated to alter enforceable agreements.
Consumer protection principles apply to real estate development, emphasizing clarity in agreements and service commitments.
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