NARENDER KUMAR & ANR vs RAMESHWAR KUMAR

$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 10.11.2023

+ FAO(OS) 600/2012

NARENDER KUMAR & ANR ….. Appellants
versus

RAMESHWAR KUMAR ….. Respondent

Advocates who appeared in this case:

For the Petitioner: Mr. Neeraj Yadav and Mr. Sidharth Arora, Advocates

For the Respondents: Mr. Ravi Kapoor, Advocate with Mrs. Kiran Vijhani, Mr. Shitij Kumar and Mr. Gaurav Kumar

CORAM:
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
HON’BLE MR. JUSTICE MANOJ JAIN

JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

CM APPL. _________/2023 (under Order 22 Rule 4 of the CPC)

1. Since the matter was listed in Court today and parties have settled their disputes, the application has been filed in Court. The same is taken on record. Registry is directed to number the same.

2. This is an application on behalf of the appellant seeking to bring on record legal representatives/legal heirs of the deceased respondent. Respondent passed away on 25.04.2021 leaving behind a wife and two sons.

3. The legal heirs of deceased – Rameshwar Kumar, i.e. Mrs. Kiran Vijhani, Mr. Shitiz Kumar and Mr. Gaurav Kumar are present. They have no objection being substituted in place of deceased-respondent.

4. In view of the above, the application is allowed. Said legal heirs of the deceased respondent are brought on record.

CM APPL. 56603/2023
5. This is an application on behalf of Shri Vicky Kumar, son of late Smt. Asha Rani who was daughter of late Shri Prabh Dayal and was the sister of the appellants and deceased respondent Rameshwar Kumar.

6. Smt. Asha Rani expired on 15.08.2014 leaving behind her husband Mr. Vijay Kumar and Mr. Vicky Kumar (son) and Smt. Preeti Arora (daughter) as the only legal heirs.

7. Though the application has been filed to seek impleadment of only Mr. Vicky Kumar, learned counsel for the parties submit that with a view to obviate any objection in future, all the three legal heirs of late Smt. Asha Rani be impleaded as party to the appeal.

8. In view of the above, since all parties are present including legal heirs of late Smt. Asha Rani, the application is allowed with a direction that Mr. Vijay Kumar, Mr. Vicky Kumar and Smt. Preeti Arora be impleaded as respondents no. 2 to 4. The amended memo of parties is filed in Court. Same is taken on record.
FAO(OS) 600/2012
9. Appellant impugns award dated 17.06.2002 and the judgment dated 16.10.2012 whereby the objections filed by the appellant under Section 34 of the Arbitration & Conciliation Act, 1996 have been dismissed.

10. All the parties are present in Court. They submit that they have settled their all disputes. They submit that they have settled their disputes and memorandum of settlement agreement dated 15.02.2023 has been executed.

11. Memorandum of family settlement has been signed by the legal heirs of late Shri Rameshwar Kumar and legal heirs of late Smt. Asha Rani. All the parties are present in Court in person. They confirm that they have settled their disputes and settlement agreement dated 15.02.2023 has been executed.

12. They submit that the settlement has been arrived at to avoid any protracted litigation and with a view to end all family disputes and to restore family peace and harmony. Affidavit of affirmations have been filed by all parties in Court. The same is taken on record.

13. Legal heirs of late Smt. Asha Rani undertake that they shall be executing the Relinquishment Deed within a period of four weeks from today. The undertaking is accepted.

14. We have perused the terms of settlement and find the same to be lawful. Parties pray that award passed by the Arbitral Tribunal be modified in terms of the family settlement. The statement is taken on record.

15. Parties submit that the family settlement is a complete holistic settlement and all differences stand resolved and disputes have been finally settled in terms of the family settlement.

16. In view of the above, the appeal is disposed of, the impugned award dated 24.07.2004 is modified in terms of the family settlement. Parties undertake that they shall abide by the terms of the settlement. The undertaking is accepted. Family settlement dated 15.02.2023 shall be read as part of this order.

17. In view of the above, all applications are disposed of and the interim order dated 17.12.2012 is also modified in terms of the family settlement. Henceforth, the family settlement between the parties dated 15.02.2023 shall prevail with regard to all respective rights and liabilities of the parties.

18. Order dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J

MANOJ JAIN, J
NOVEMBER 10, 2023
‘rs’

FAO(OS) 600/2012 2