Rajasthan High Court
M/S Rajasthan Enterises Pvt Lt vs Smt Rukmanti Devi And Ors on 28 February, 2022
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 890/2010
Rajasthan Enterprises Private Limited, Golecha Square, Sardar
Patel Marg, C-Scheme, Jaipur Through its Director Shri Surendra
Kumar Golecha, C-83, Prithvi Raj Road, C-Scheme, Jaipur
----Appellant/Developer
Versus
1. Smt Rukmani Devi W/o late Shri Ganga Sahai (since
deceased) Deleted vide order dated 12.02.2013.
2. Shri Bhagwan Sahai son of late Shri Ganga Sahai, resident of
D-60, Malviya Nagar, Jaipur.
3. Shri Gopal Sahai son of late Shri Ganga Sahai, resident of D-
60, Malviya Nagar, Jaipur.
All presently residing at D-670, Malviya Nagar, Jaipur.
4. Smt. Chandra Devi wife of Shri Devi Sahai, resident of Flat
No. 403-404 Plot No. 42-43, Shri Nidhi Apartment, Tarun Marg,
Tilak Nagar, Jaipur.
5. Shri Krishan Ramjiwal Son of Shri Devi Sahai, resident of Flat
No. 403-404 Plot No. 42-43, Shri Nidhi Apartment, Tarun Marg,
Tilak Nagar, Jaipur.
6. Shri Harish Ramjiwal Son of Shri Devi Sahai, resident of Flat
No. 403-404 Plot No. 42-43, Shri Nidhi Apartment, Tarun Marg,
Tilak Nagar, Jaipur.
----Respondents/Claimants/Owner
Connected With
S.B. Civil Miscellaneous Appeal No. 870/2010
1. Smt Rukmani Devi W/o late Shri Ganga Sahai (since
deceased) Deleted vide order dated 12.02.2013.
2. Shri Bhagwan Sahai son of late Shri Ganga Sahai, resident of
D-60, Malviya Nagar, Jaipur.
3. Shri Gopal Sahai son of late Shri Ganga Sahai, resident of D-
60, Malviya Nagar, Jaipur.
All presently residing at D-670, Malviya Nagar, Jaipur.
4. Smt. Chandra Devi wife of Shri Devi Sahai, resident of Flat
No. 403-404 Plot No. 42-43, Shri Nidhi Apartment, Tarun Marg,
Tilak Nagar, Jaipur.
5. Shri Krishan Ramjiwal Son of Shri Devi Sahai, resident of Flat
No. 403-404 Plot No. 42-43, Shri Nidhi Apartment, Tarun Marg,
Tilak Nagar, Jaipur.
(2 of 3) [CMA-890/2010]
6. Shri Harish Ramjiwal Son of Shri Devi Sahai, resident of Flat
No. 403-404 Plot No. 42-43, Shri Nidhi Apartment, Tarun Marg,
Tilak Nagar, Jaipur.
----Appellants/Claimants
Versus
Rajasthan Enterprises Private Limited, Golecha Square, Sardar
Patel Marg, C-Scheme, Jaipur Through its Director Shri Surendra
Kumar Golecha, C-83, Prithvi Raj Road, C-Scheme, Jaipur
----Respondent/Non-Claimant
For Appellant(s) : Mr. Madhusudhan Singh Rajpurohit
(Appellant in CMA No. 890/2010 and
Respondent in CMA No. 870/2010)
For Respondent(s) : Mr. J.K. Dhingra (Respondent in CMA
No. 890/2010 and Appellant in CMA
No. 870/2010)
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Judgment
28/02/2022
Both these appeals arise out of impugned order dated
07.07.2008 passed by the Court of Additional District Judge (Fast
Track) No.7, Jaipur City, Jaipur (for short 'the Court below') in
Arbitration Application No. 44/2008 (482/2007), hence, the same
are being decided by the common judgment.
During pendency of these appeals, the parties have settled
their dispute and entered into compromise and have executed a
settlement deed on 29.11.2021.
Therefore, interim application No. 1/2022 has been
submitted with a prayer that both these appeals may be disposed
of in light of the settlement dated 29.11.2021 and award dated
04.09.2007 passed by the Arbitral Tribunal, Jaipur as well as the
(3 of 3) [CMA-890/2010]
order dated 07.07.2008 passed by the Court below in Arbitration
Case No. 44/2008 (482/2007) be set aside.
After perusing the settlement deed dated 29.11.2021
executed by both the parties, both the appeals stand disposed of
in the light of the aforesaid settlement, award dated 04.09.2007
passed by the Arbitral Tribunal and the order dated 07.07.2008
passed by the Court below in Arbitration Case No. 44/2008
(482/2007) is hereby quashed and set aside.
Both the appeals stand disposed of in the light of the
settlement arrived at between the parties.
All pending application(s), if any, also stand(s) disposed of.
(ANOOP KUMAR DHAND),J
Ritu/35-36
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