IN THE HIGH COURT OF DELHI AT NEW DELHI
M/S DREAM HOME AND ASSOCIATES THROUGH ITS PARTNERS & ORS. VS. M/S S. GAMBHIR CONSTRUCTION & ORS.
CS(COMM) 817/2024
$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 817/2024 & I.A. 3960/2026 GENESIS DREAM MERCHANTS PVT LTD. .....Plaintiff Through: Mr. Tishampati Sen, Mr. Shubhanshu Gupta and Ms. Sejal Jain, Advocates Mob: 8209103852 Email:
sejaljain@prakantlawoffices.com versus USHA BANSAL & ORS. .....Defendants Through: Mr. Sahasradeep Sharma, Mr. Raghav Sharma and Ms. Pragya, Advocates for D-1 & 2.
Mob: 9999597976 Email: work.advraghav@gmail.com Mr. Rajesh Mahindru, Adv. for D-3 &
4.
Mob: 9810194135 Email: rajeshmahindru@gmail.com Mr. Arvind Kumar Shukla and Mr. Sanskar Krishnan, Advs. for D-7 to
10 Email: pinnaclelawfirm@gmail.com Mr. Manish Kumar Singh, Advocate for D-11 Mob: 7703985201 Email: singh.mk.adv@gmail.com CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 19.02.2026 I.A. 3960/2026 (Application under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure, 1908)
1. The present application has been filed under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) on behalf of defendant nos. 1 and 2, seeking to place on record the Settlement Agreement dated 06th February, 2026, entered into between the parties, and to decree the present suit in terms of the said Settlement Agreement.
2. It is submitted that during the pendency of the present matter, the parties have, with the intervention of well-wishers and on their own free will, amicably resolved and settled all disputes and differences forming the subject matter of the present suit.
3. It is submitted that pursuant to the said amicable settlement, the parties have executed a Settlement Agreement dated 06th February, 2026, which records the complete understanding and terms mutually agreed between the parties.
4. Learned counsels appearing for both the parties confirm that the settlement has been arrived at voluntarily, without any force, coercion, undue influence or misrepresentation, and that the parties are fully satisfied with the same.
5. Thus, by way of the present application, it has been prayed that the Settlement Agreement dated 06th February, 2026, executed between the parties, may be taken on record.
6. Learned counsel appearing for the plaintiff submits that by way of the Settlement Agreement dated 06th February, 2026, the defendants have given an undertaking with respect to the payment to be made to the plaintiff. The said undertaking on behalf of the defendant nos. 1 and 2 as recorded in the Settlement Agreement dated 06th February, 2026, reads as under:
“xxxxxxxxx
1.PAYMENTTERMS:
The Sellers unequivocally acknowledge, admit and undertake to pay an amount of Rs. 2,75,00,000/- (INR Two Crores Seventy-Five LakhsOnly)onorbefore28.02.2026toGDMPLthroughRTGS.
xxxxxxxxx”
7. Learned counsel appearing for the defendant nos. 1 and 2 reiterates the said undertaking as already recorded in the Settlement Agreement and submits that the said defendants undertake to make timely payment of the amount as agreed bywayof the settlement.
8. Learned counsel appearing for the plaintiff is satisfied with the aforesaid undertaking.
9. This Court has perused the terms of the Settlement Agreement dated 06th February, 2026, as per which, the parties have arrived at a mutual settlement in respect of the disputes between the parties and it is clearly recorded that the Settlement Agreement has been entered by the parties independently, without anycoercion, fraud or undue influence.
10. This Court is satisfied that the settlement has been arrived at between the parties after following the due procedure, the terms therein are lawful and accordingly, the Settlement Agreement meets the essentials specified in Order XXIII Rule 3 of CPC.
11. Accordingly, with the consent of the parties, a consent decree is hereby passed in the terms of the Settlement Agreement dated 06th February, 2026, and following directions are issued in this regard:
i. The parties are hereby held bound by the aforesaid Settlement Agreement dated 06th February, 2026, and they shall abide by the
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