Delhi High Court
Narender Kumar & Anr vs Rameshwar Kumar on 10 November, 2023
$~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
Signature Not Verified
By:RASHIM KAPOOR
Signing Date:17.11.2023
15:23:28
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
Signature Not Verified
By:RASHIM KAPOOR
Signing Date:17.11.2023
15:23:28
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.
Signature Not Verified
By:RASHIM KAPOOR
Signing Date:17.11.2023
15:23:28
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'
Signature Not Verified
By:RASHIM KAPOOR
Signing Date:17.11.2023
15:23:28
