DRAFT
COMPROMISE DEED
This Compromise Deed has been executed on the
day of January 2018 between M/s XXXXXXXXXXX Pvt. Ltd. through its Director
Sh. XXXXXXXXX Office at: XXXXXXXXXXXXXXXXXXXXXXXX New Delhi-110015
(hereinafter referred as First Party/Owner)
AND
Sh.
XXXXXXXXX S/o Sh. XXXXXXXXXXXX R/XXXXXXXXXXXXXXXXXXXXXXXXXXX being
legal heir of XXXXXXXXXXXXXXXXXXX & also representing other legal heir Smt.
XXXXXXXXXXXX & MsXXXXXXXXXXXXX who had relinquished their right, title or
interest in favour of ShXXXXXXXXXX (hereinafter referred as Second Party/Occupant)
WHEREAS the first party of the present Compromise
Deed had purchased the entire property bearing no. XXXXXXXXXXXXXX from M/s XXXXXXXXXXXXX.
Ltd. in the year 2009.
AND WHEREAS due to some controversy in between
the first and second party both the parties lead litigations against each other
and some civil as well as criminal cases are pending in the Court of Law in Delhi.
AND WHEREAS the parties of the present
compromise deed for the purpose of meeting of amicable settlement in between
them had discussed with each other and arrived at inexplicable settlement
towards the possession and occupation of the area of the property bearing no XXXXX on the basis of
certain terms and conditions which are enumerated hereinafter and after the
satisfaction of terms & conditions framed herewith the parties of the
present compromise deed shall close all kinds of proceedings whether Civil or
Criminal pending in the Court of law on the basis of present compromise which
have been arrived without experience of any pressure, threat, coercion, fraud
and compromise deed have been signed by the free will and clear intention. Now
this compromise deed witnessed as under:
1.
THAT the first party shall take over the
possession from the second party of the entire area occupied and being used by
the second party.
2.
THAT the first party for the satisfaction of the
interest of the second party the first party shall pay Rs. 50 Lac to the second
party by way of demand draft in the name Sh. XXXXXXXXXX who is also
representative of other legal heirs of XXXXX who expired on xxxx Living
behind SmtXXXXXXXX Wd/o XXXXXXX & Ms. XXXXXXX D/o Late XXXXXXX vide a
relinquishment deed dated xx duly notarized from the notary public on
26.08.2XXX. The second party declares that except the above legal heirs there
are no other legal heirs of late XXXXXX.
3.
THAT the first party shall remit the demand
draft of Rs. 50 Lac with ShXXXXXXXX, Advocate and the said demand draft shall
be delivered to the second party at the time of receipt of vacant physical
possession in occupation of second party.
4. THAT after handing over the peaceful vacant portion against receipt of Rs. 50 Lac to the second party there shall remain no right, title, interest or connection of any kind whatsoever with premises XXXXXXXXX
5.
THAT the first party shall withdraw the Civil
Suit filed by first party against the second party in the Hon’ble High Court on
the forthcoming date in pursuance of the present compromise. Simultaneously,
the second party shall withdraw the Civil Suit which is pending in the Hon’ble
Court of XXXXX:xx: Central: Delhi and also criminal complaint pending in
the Court of XXXXXXX: MM: Delhi.
6.
THAT both the parties of the present
compromise deed agreed that they shall not make any kind of claim in any form
or manner and also shall not file any case against each other in pretext of the
premises occupied by the second party or in the course of litigations filed by
either party in the Court of law.
7.
THAT the present compromise have been arrived
between the parties at their own free will and wish and therefore both the
parties shall remain bound to the terms and conditions of the compromise deed
with a spirit of honesty and boundation.
8.
THAT this agreement cum
memorandum of understanding contains ____ pages including Stamp Paper.
9.
IN WITNESS WHEREOF THE respective Parties of
present Compromise Deed have set their respective hands on this Compromise Deed
on the day, month and year first above written after duly reading and
understanding its contents, in the presence of the following witnesses:-
WITNESS:
1.
XXXXXXXXXXXXXX
(FIRST
PARTY)
2.
(XXXXXXXXXXXXXXXX)
(SECOND PARTY)
SMT. XXXXXXXXXXXX
CONFIRMING PARTY