Ravinder K Jain v. Virender Kumar Jain & Ors.

1. 4 proceedings before different Judges on the original side in which the litigating parties are the sons of Bhiku Ram Jain and Ajit Prasad Jain have been referred to mediation.

2. Ajit Prasad Jain and Bhiku Ram Jain are the sons of Late Shri Mangat Ram Jain.

3. Rival pleadings are that some children of Bhiku Ram Jain claim that properties in their names are their individual properties and not of the HUF and hence no claim qua said properties can be predicated, much less sustained, by children of Ajit Prasad Jain or by any son of Bhiku Ram Jain who joins the children of Ajit Prasad Jain. Per contra, the rival claims are that all properties in the name \F- FAo(os) No.204-205 I 20Lt & FAo (os) No.209-2 L0/201 1 2011:DHC:11011-DB f of the sons of Bhiku Ram Jain and Ajit Prasad Jain are HUF properties.

4. Vide impugned order learned Single Judge has noted that the applicant of I.A.No.83.30/2010 and I.A.No.70290/20t0 has approached the courts with unclean hands but imposing costs for sum of <50,000/- has granted interim injunction prayed for'

5. The interim injunction pertains to properties in respect whereof an Award has been pronounced and is under challenge under Section 34 of the Arbitration and Conciliation Act i996.

6. Without deciding the legal issue; whether a party who is found to be approaching the court with unclean hands should be granted any relief or not; noting that the subject properties are the subject matter of an Award which is under challenge and that 4 proceedings have been referred for mediation, learned counsel states that the appeal may be disposed of noting the fact as above but without interfering the impugned order.

7. Ordered accordingly.

C.M.No.7394l2O11 (Stav) in FAO(OS)No.2O4l2O11 C.M.No.743Ol2011 (Stay) in FAO(OS)No.2O9l2O11 Applications stand disposed of as infructuous. + --t-^-:-7'/ td PRADEEP NANDRAJOG,J SEPTEMBER 28,ZOLI, pkb FAo(oS) No.204-205 /20LI& FAo(oS) No.209-210 l20IL