$~28 & 48 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 30^th May, 2024 + CS(COMM) 903/2023 M/S DEVCAS DEVELOPERS AND BUILDERS PVT.

LTD. ….. Plaintiff Through: Mr. Kirti Uppal, Sr. Adv. With Mr.

Aditya Raj and Ms. Anju Aggarwal, Advs. (M: 7073011531)

versus MKM CREATIONS PVT. LTD. ….. Defendant Through: Mr. Kunal Tandon and Mr. Saurabh Dev Karan Singh, Advs

48 AND + CS(COMM) 631/2023 MKM CREATIONS PVT LTD ….. Plaintiff Through: Mr. Kunal Tandon and Mr. Saurabh Dev Karan Singh, Advs versus M/S DEVCAS DEVELOPERS AND BUILDERS PVT.

LTD. ….. Defendant Through: Mr. Kirti Uppal, Sr. Adv. With Mr.

Aditya Raj and Ms. Anju Aggarwal, Advs. (M: 7073011531)

CORAM:

JUSTICE PRATHIBA M. SINGH

JUDGMENT

PRATHIBA M. SINGH, J.

1. This hearing has been done through hybrid mode.

CS(COMM)-903/2023 & I.A. 31204/2024 CS(COMM) 631/2023 & I.A. 17276/2023

2. These are two cross suits. The first suit CS(COMM) 631/2023 is for Signature Not Verified Digitally Signed CS(COMM)903/2023&CS(COMM)631/2023 Page1of9 specific performance and injunction filed by M/s. MKM Creations Pvt. Ltd. (hereinafter, ‘MKM’). The second suit CS(COMM)-903/2023 is for possession and mesne profits filed by M/s. Devcas Developers and Builders Pvt. Ltd. (hereinafter, ‘Devcas’).

3. The facts are mostly admitted. MKM had taken on lease the property bearing No. ‘Khasra Nos. 432, 433 and 343 at M.G. Road, Sultanpur, New Delhi-110030’ from Devcas vide lease agreement dated 15th June, 2017.

4. The lease agreement was for a period of six years from 19^th September, 2017 and expired on 18th September, 2023. The monthly rent for the said period was Rs.7,00,000/- with an increase of 15% after every 3 years. The case of MKM is that the lease had an automatic renewal clause of which it seeks specific performance. This is disputed by Devcas because the lease agreement was terminated due to various breaches.

5. On 22nd January, 2022, CS(COMM) 903/2023 was treated was the lead suit and directions were given for filing of the written statement. In the interim application, the following directions are issued: “6. Insofar as application bearing no. I.A. 25583/2023 under Order XXXIX Rule 10 in CS(COMM) 903/2023 is concerned, seeking deposit of user and occupation charges by the Defendant in favour of the Plaintiff at rate of Rs. 50,000/- per day as penal charges for continuing to occupy the said suit property since 18th September, 2023, let the Defendant pay the admitted lease amount from September, 2023 which shall be without prejudice to the rights and contentions of the parties.

7. In the meantime, both ld. Sr. Counsels agree that they would try to resolve the disputes. Arrears of rent shall be tendered within four weeks which shall be without prejudice to rights and contentions of the Signature Not Verified Digitally Signed CS(COMM)903/2023&CS(COMM)631/2023 Page2of9 parties.

8. The Defendant shall continue to pay, as per the terms of the lease agreement, the admitted rent for the future as well. Mr. Chandiok disputes the terms and conditions of the lease agreement. The deposit shall be without prejudice to the contentions of the Defendant. If there is a settlement, parties are free to move an application.”

6. Today, parties have reported that they have amicably resolved their disputes and filed an application being I.A. 31204/2024 under Order XXIII Rule 3 CPC. Along with the said application, a Memorandum of Settlement dated 28th May, 2024 has been placed on record.

7. In terms of the said Memorandum of Settlement dated 28th May, 2024 it is agreed by MKM that it will handover vacant and peaceful possession of the subject property being land at Khasra No. 432, 433, 434 situated at M. G. Road, Sultanpur, New Delhi – 110 030 admeasuring about

6500 sq. ft. as soon as possible and latest by 15th June, 2024.

8. The remaining terms and conditions of Memorandum of Settlement dated 28th May, 2024 are set out in paragraph 1 to 6 of said Memorandum of Settlement, which are extracted below:

“1. Second Party will vacate and