9911796707
TMI Blog2006 (11) TMI 685X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent should be deemed to hold 50% interest in the company and directing the 2nd respondent to purchase the interest of the petitioners on a fair valuation to be made by an independent valuer. Accordingly, a valuer was appointed, who had valued the share of the petitioners in the company at ₹ 153 lacs. The petitioners filed an application seeking for direction to the 2nd respondent to pay this consideration. The valuation report of the valuer was contested by the 2nd respondent on various grounds. During the pendency of the application, I held discussions with the parties to amidably settle not only the dispute relating to the valuation but also other disputes between the parties on a global basis which unfortunately did not fruc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ull and final payment in respect of all claims of the petitioner in so far as the company is concerned. 4. The portion with Hanuman Mandir (front portion) will go to the respondent and the other portion to the petitioner. 5. Respondent will ensure that vacant possession will be handed over to the petitioner latest by 30.10.2006. By the same time, the amount of ₹ 7.5 lacs will also be paid to the petitioner by the respondent. The company will make application for mutation to UPSIDC within a week of handing over. 6. Both the sides will withdraw cases against each other except the suit filed by the respondent ( suit No. 1016/1997 and review application filed by the petitioner in the Supreme Court). 7. As far a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the consent terms, the counsel for the respondents contended that before the recording of the consent order, both the sides were advised by the Bench to consult their advocates and accordingly, the petitioner not only consulted her advocate but also one of her well wishers who was present in the Chamber and that the order was not only read out but was signed by the petitioner and her counsel. Therefore, to state that she was in a depressed mood cannot be accepted. Further, once a consent order is passed the same is binding and cannot be recalled without the consent of all the parties to the consent terms and since the respondent is not willing for the recall of the said order, the parties should be directed to comply with the terms of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opposed to either for recall of the consent order or for any modification thereto, inspite of my suggesting to him to consider any of the other alternate proposals made by the parties during the discussions on 2.6.2006. 6. From the narration of the discussions recorded above it is evident that the consent terms emerged from willing and voluntary acts of the parties and that the parties were ad idem with regard to the terms as contained in the consent terms. It is not a case of forced a compromise, in which case it may be contended that it loses the very essence of its being a valid and lawful agreement. In S. C. Nandy v. G. M. Bhattacharjee, it has been held that a final consent decree cannot be altered by the court unless the parties th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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