caselaws
Supreme Court of India
Smt. Kalpana Majumdar vs Smt. Lakshmi Priya Shaw on 17 July, 2018Author: Kurian
Bench: [ K Kaul], [ Joseph]
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 6741/2018
(ARISING FROM SLP (C) NO. 31495/2014)
SMT. KALPANA MAJUMDER & ORS. APPELLANT(S)
VERSUS
SMT. LAKSHMI PRIYA SHAW & ORS. RESPONDENT(S)
J U D G M E N T
KURIAN, J.
Leave granted.
2. The parties are before this Court pursuant to a
civil litigation since 2002. During the past 16
years there have been several litigations and we find
that five criminal cases are pending between the
parties.
3. When the matter came up before this Court, after
noticing that there is an element of settlement, we
sought the assistance of Ms. Varuna Bhandari, learned
counsel and also a trained Mediator. We are informed
Signature Not Verified
that the learned Mediator has put in more than 35
Digitally signed by
NARENDRA PRASAD hours in the mediation. Thanks to the strenuous
Date: 2018.07.18
17:05:43 IST
Reason:
efforts thus taken by the learned Mediator, we are
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happy to note that the parties have settled their
entire disputes and they have filed the application
for direction(s) along with the Deed of Settlement
dated 16.07.2018 duly signed by all the parties and
the learned Mediator in the Registry of this Court,
which are taken on Board.
4. In view of the Deed of Settlement dated
16.07.2018, referred to above, we are of the view
that for securing the ends of justice, the criminal
cases involving them should also be closed.
Accordingly, Lake P.S. Case Nos.23 of 2008, 255 of
2012, Lake P.S. Case No.56 of 2009, C Case No.4342 of
2008 and Shakespere Sarani P.S. Case No.314/2013; 340
of 2013 and 397 of 2013 are quashed.
5. In terms of the Deed of Settlement dated
16.07.2018, we direct the District Sub Registrar,
Alipore, West Bengal to register the transfer of the
suit premises in favour of the appellants i.e. Mr.
Mrinal Kanti Majumder; Mrs. Kalpana Majumder; Mrs.
Bani Saha and Mr. Uttam Saha. Since the parties have
been in litigation, we direct the Registrar concerned
to levy only the stamp duty leviable in the year
2002.
6. The third prayer in the application for
direction(s) reads as follows:
“iii. the Deed of Conveyance dated
1.03.2005, confirmed in 2008, entered into
between [1) Late Mangobinda Shaw, 2) Smt.
Brinda Rani Shaw (Respondent No. 6), 3) Shri
Badal Shaw (Respondent No.7), 4) Shri Binoy
Shaw (Respondent No.8), 5) Smt. Sonali Shaw
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(Respondent No.9), 6) Smt. Phalguni Kabi
(Respondent No.10) on the One Part as, as
VENDORS AND 1) Pacard Export Pvt Ltd.
(Respondent No.13) & Ritman Commercial Pvt
Ltd (Respondent No.14) on the Other Part as
PURCHASER] and registered before the
Registrar of Assurances, Calcutta shall be
declared cancelled;”
7. The declaration, as prayed for, is granted.
8. We direct the parties to abide by the terms and
conditions of the Deed of Settlement dated
16.07.2018.
9. The appeal is, accordingly, disposed of.
10. Though the learned Mediator Ms. Varuna Bhandari
insisted that she does not require any honorarium and
the services rendered by her are totally pro bono,
having regard to the time and pains taken by the
learned Mediator, we are of the view that the learned
Mediator should be adequately remunerated. An amount
of Rs.1,50,000/- (Rupees One Lac Fifty Thousand) by
the appellants, Rs.1,00,000/- (Rupees One Lac) by
respondent Nos.1 to 10 and Rs.1,00,000/- (Rupees One
Lac) by Respondent Nos.13 and 14, be paid to the
learned Mediator towards the services rendered by
her.
11. We record our appreciation for the efforts taken
by the learned Mediator, Ms. Varuna Bhandari and for
the cooperation extended by the parties and the
counsel for putting an end to the almost two decade
old litigations between the parties and in particular
Mr. Jaideep Gupta, learned senior counsel for
facilitating the settlement.
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12. Pending applications, if any, shall stand
disposed of.
13. There shall be no orders as to costs.
…………………..J.
[KURIAN JOSEPH]
…………………..J.
[SANJAY KISHAN KAUL]
NEW DELHI;
JULY 17, 2018.
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