Delhi High Court - Orders
Guljit Kaur Anand & Ors.; Raminder Kaur ... vs State Of Nct Of Delhi & Ors on 24 March, 2023
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~78 & 79 (Common)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2037/2023
+ CRL.M.C. 2038/2023
GULJIT KAUR ANAND & ORS.;
RAMINDER KAUR ANAND & ANR.
..... Petitioners
Through: Mr.Mahesh Jethmalani, Sr. Advocate
with Mr.Ravi Sharma, Mr.Premtosh
Mishra, Mr.Wedo Khalo and
Mr.Anjani Kumar Rai, Advocates.
Mr.Ramesh Gupta, Sr. Advocate with
Mr.Anoop Bagai, Sr. Advocate with
Mr.Anjani Kumar Rai and Ms.Shalini
Kapoor, Advocates.
Ms.Shalini Kapoor, Ms.Promil Mago,
Ms.Sukriti Mago and Ms.Divyanshi
Saxena, Advocates.
versus
STATE OF NCT OF DELHI & ORS.
..... Respondent
Through: Mr.Mukesh Kr, APP for the State.
Mr.N.B.Joshi, Mr.Nikunj Verma,
Mr.Devarrat Joshi and Ms.Rishika
Ahuja, Advocates.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 24.03.2023 CRL.M.A. 7744/2023 in CRL.M.C. 2037/2023 CRL.M.A. 7746/2023 in CRL.M.C. 2038/2023
1. Exemption allowed, subject to all just exceptions.
2. The applications stand disposed of.
Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:27.03.2023 15:09CRL.M.C. 2037/2023 AND CRL.M.A. 7743/2023 CRL.M.C. 2038/2023 AND CRL.M.A. 7745/2023
3. These petitions are filed with following prayers
a) Pass an order quashing summoning order dated 12.01.2023 passed by Shri Yashdeep Chahal, Ld. MM- 01, Patiala House Court, New Delhi against the Petitioners in CC No. 15/2021;
b) Quash the proceedings in CC. no. 15/21 qua the instant Petitioners currently pending before the Ld. MM-01, Patiala House District Court, New Delhi.
4. It is submitted by learned senior counsel for the petitioner a settlement took place between the family members on 22.05.1992 wherein per Clause 24 it was stated if any property was left out existing at that time and is found later, the respondent No.2 shall get 50% share in the same.
5. It is the submission of learned senior counsel from 1992 till 2015 there was no objection from the side of the respondent but later respondent No.2 sent a legal notice dated 19.02.2015 as in 2014 he found certain properties which were left out from the MoU dated 22.05.1992 but the said notice was never replied and no action was taken by respondent No.2 to proceed with the arbitration.
6. The father/karta of HUF however, passed away in the year 2018 and then the present complaint was filed alleging inter alia there are 16 such properties which were deliberately left out from the MoU dated 22.05.1992 and hence there exist concealment/cheating on the part of his mother, brothers and sister-in-law who were well aware of these properties in 1992 and never disclosed about the same.
7. Since all the family members are parties to these petitions including Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:27.03.2023 15:09 the mother aged about 86 years, it would be appropriate if they all avail the services of mediation so as to amicably resolve their family issues.
8. Let the parties appear before the Organising Secretary, Delhi High Court Mediation and Conciliation Centre on 17.04.2023 at 03.00 PM. A senior mediator be appointed.
9. In case the matter is not settled, reply, if any, be filed by respondent No.2 within four weeks thereafter.
10. List before Court on 24.08.2023.
11. Learned counsel for the respondent No.2 submits they shall not pursue with the complaint till the next date. The learned trial court shall exempt the petitioners herein on 27.03.2023 and shall fix a date after the date given by this Court.
YOGESH KHANNA, J.
MARCH 24, 2023 VLD Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:27.03.2023 15:09