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HIGH COURT OF DELHI
FAO rosi No. 261/2013 & CM No.8306/2013 SHRI LALIT KUMAR Appellant
FAO rosi No. 261/2013 & CM No.8306/2013 SHRI LALIT KUMAR Appellant
VERSUS
SHRI ANIL KUMAR GUPTA Respondent AND FAOtOSI No. 299/2013 «&CM No. 9658/2013 &1589/2014
SHRI LALIT KUMAR Appellant
SHRI LALIT KUMAR Appellant
VERSUS
SHRI ANIL KUMAR GUPTA Respondent
Through: Mr Sudhanshu Batra, Sr. Adv. with Mr
Arvind Gupta, Mr Shailendra Singh, Advs. for the appellants.
MrRajat Aneja, Adv. with MrIshaan Chhaya, Adv. for the respondent.
V CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED
HON'BLE MR. JUSTICE VIBHU BAKHRU
24.01.2014 CM No. 1589/2014 This is a joint application for recording ofthe settlement arrived at between the parties under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure, 1908. During the pendency of these appeals, the parties have settled all disputes pending between them.
2014:DHC:7506-DB '1 The terms of settlement have been set out in the document of family settlement dated 22.01.2014 which has been signed by the parties to the present appeals as well as their respective wives and sons and is
Annexure-A to this application. The same is marked as Exhibit-1.
The wives ofthe parties here as well as the sons, who have signed, are
Directors in DCG Fabs Private Limited and D.C. Creations Private
Limited.
Exhibit-1 evidences the family settlement arrived at between the parties. We may note that asubsequent deed ofpartition would be executed in respect ofKarol Bagh property as indicated in clause XIII of Exhibit-1.
We have gone through the terms of settlement between the parties and we find the same to be lawful. Accordingly, the settlement (Exhibit-1) is taken on record and the present application is allowed by decreeing the suit itself in terms of the family settlement
(Exhibit-1) which is dated 22.01.2014. The parties shall be bound by the same.
Both Mr Lalit Kumar Gupta and Mr Anil Kumar Gupta are present in court and they state that they have entered into the said family settlement along with their respective wives and sons. The sons, Mr Pulkit Gupta S/o Lalit Kumar Gupta and Mr Hitesh Gupta
S/o Anil Kumar Gupta are also present. The said sons along with their fathers who are parties to the appeals have also filed affidavits along with this application in support of the same. The undertakings mentioned in the family settlement are accepted and are taken on record and parties shall be bound by the same.
As aforesaid, the appeals stand disposed of by decreeing the suit interms ofthe settlement (Exhibit-1) which shall form part ofthe decree. All pending applications also stand disposed of.
In view ofthe aforesaid, theportion oftheKarol Bagh property which had been sealed on 31.05.2013 shall be de-sealed and the keys shall be handed over by the registry to Mr Lalit Kumar Gupta to enable him to proceed in accordance with the settlement. The de- sealing be done by28.01.2014.
Although the appeals stand disposed of, the learned counsel for the parties request that the same be listed for reporting compliance on
02.04.2014. It is ordered accordingly.
JANUARY 24,2014 kb BADAR DURREZ AHMED, J VIBHU BAKHRU, J
Through: Mr Sudhanshu Batra, Sr. Adv. with Mr
Arvind Gupta, Mr Shailendra Singh, Advs. for the appellants.
MrRajat Aneja, Adv. with MrIshaan Chhaya, Adv. for the respondent.
V CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED
HON'BLE MR. JUSTICE VIBHU BAKHRU
24.01.2014 CM No. 1589/2014 This is a joint application for recording ofthe settlement arrived at between the parties under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure, 1908. During the pendency of these appeals, the parties have settled all disputes pending between them.
2014:DHC:7506-DB '1 The terms of settlement have been set out in the document of family settlement dated 22.01.2014 which has been signed by the parties to the present appeals as well as their respective wives and sons and is
Annexure-A to this application. The same is marked as Exhibit-1.
The wives ofthe parties here as well as the sons, who have signed, are
Directors in DCG Fabs Private Limited and D.C. Creations Private
Limited.
Exhibit-1 evidences the family settlement arrived at between the parties. We may note that asubsequent deed ofpartition would be executed in respect ofKarol Bagh property as indicated in clause XIII of Exhibit-1.
We have gone through the terms of settlement between the parties and we find the same to be lawful. Accordingly, the settlement (Exhibit-1) is taken on record and the present application is allowed by decreeing the suit itself in terms of the family settlement
(Exhibit-1) which is dated 22.01.2014. The parties shall be bound by the same.
Both Mr Lalit Kumar Gupta and Mr Anil Kumar Gupta are present in court and they state that they have entered into the said family settlement along with their respective wives and sons. The sons, Mr Pulkit Gupta S/o Lalit Kumar Gupta and Mr Hitesh Gupta
S/o Anil Kumar Gupta are also present. The said sons along with their fathers who are parties to the appeals have also filed affidavits along with this application in support of the same. The undertakings mentioned in the family settlement are accepted and are taken on record and parties shall be bound by the same.
As aforesaid, the appeals stand disposed of by decreeing the suit interms ofthe settlement (Exhibit-1) which shall form part ofthe decree. All pending applications also stand disposed of.
In view ofthe aforesaid, theportion oftheKarol Bagh property which had been sealed on 31.05.2013 shall be de-sealed and the keys shall be handed over by the registry to Mr Lalit Kumar Gupta to enable him to proceed in accordance with the settlement. The de- sealing be done by28.01.2014.
Although the appeals stand disposed of, the learned counsel for the parties request that the same be listed for reporting compliance on
02.04.2014. It is ordered accordingly.
JANUARY 24,2014 kb BADAR DURREZ AHMED, J VIBHU BAKHRU, J
JUDGMENT