- (1.) LEAVE granted. This Court on 27.07.2015 had passed the following order : "Heard Mr. Charanjeet Chanderpal, learned counsel for the petitioner. It is submitted by him that the High Court, by interim order, has protected the respondent which is not permissible in law. Ordinarily, we would not have issued notice. However, a suggestion has come from the learned counsel for the petitioner that though the mediation has failed at the High Court level, regard being had to the undertaking given by the elder brother, the accused in this case, the petitioner is prepared to discuss and settle the matter. Regard being had to the latter submission, Issue notice to respondent no. 3 returnable on 07.09.2015. Dasti in addition is permitted. The petitioner and the third respondent shall remain personally present before this Court on that date. Till this matter is disposed of, the High Court shall not proceed with the matter. We have passed this order, as we are assured by the learned counsel for the petitioner that there is immense possibility for settlement." Today Mr. Dilip J. Giyanani, the petitioner herein and Mr. Jaykumar Giyanani, respondent no.3 herein, are personally present. They have filed a document which contains the settlement between the parties. The said settlement reads as under : JUDGEMENT_113_LAWS(SC)9_20152.jpg JUDGEMENT_113_LAWS(SC)9_20153.jpg
(2.) THE Petitioner, Respondent No. 3 and the Respondent No. 5 to 7 are siblings and are the legal heirs of Late Shri Jamnadas Pahilajrai Giyanani who died on June 6, 2008. The Respondent No. 8 is the wife and Respondent No. 9 and 10 are the daughters of Respondent No. 3 and 8 whereas the Respondent No. 11 is the wife and Respondent No. 12 is the son of the Petitioner and Respondent No. 11. The aforesaid persons are hereinafter collectively referred to as 'the parties'. The Respondent No. 1, 2 are parties to the proceedings before this Hon'ble Court but are only proforma parties for the purpose of these Consent Terms having no right, title and/or interest of any nature whatsoever in respect of the subject matter of present settlement arrived at between the parties and agree to be bound and/or in no manner dispute any of the terms of the settlement.
(3.) THE parties have agreed and undertaken to amicably resolve all their disputes and distribute amongst themselves all assets forming part of the personal estate of Late Mr. Jamnadas Pahilajrai Giyanani (hereinafter referred to as ’JPG') the H.U.F of JPG viz. Jamnadas Pahilajrai Giyanani H.U.F and JPG's undivided share in Pahilajrai Khimandas HUF;(hereinafter the said entire assets of JPG, JPG HUF and JPG's undivided share in Pahilajrai Khimandas HUF is collectively referred to as 'the estate of JPG') as per the understanding more particularly recorded in these Consent Terms. The parties have also agreed and undertaken to amicably resolve all their disputes. as regards their respective right, title and interest over some personal assets owned by the parties and distribute the same amongst themselves as more particularly recorded in these Consent Terms. The Respondent No. 10 is presently a minor as per the laws of India but who is competent to contract as per the laws of New Jersey, USA of which she is a citizen, has signed the present Consent Terms The Respondent No. 3 as the father/guardian has deposited Rs 25,00,000/- as the share of Respondent No. 10 in the estate of JPG with Mr. Mohan Gurnani a relative and elder of the parties, before filing of these Consent Terms. The Respondent No. 10 has executed these Consent Terms before the Indian consulate in New York, USA where the local law permits a person over and above 17 years of age to enter into contracts and the Respondent No. 3 agrees and undertakes to keep all other parties wholly indemnified against any claim raised by the Respondent No. 10 as regards the validity, binding effect of these consent terms and/or share of the Respondent No. 10 in the estate of JPG. The Respondent. No. 10 upon attaining majority on 9th November, 2015 shall ratify in writing that the understanding arrived under these consent terms are acceptable and binding on her and that she would neither challenge the consent terms arrived hereunder nor make any additional claims against any of the parties hereunder and upon such ratification/ undertakings given by the Respondent No 10, Mr. Mohan Gurnani shall hand over the share of Respondent No. 10 as determined pursuant to these Consent Terms to her, unconditionally and without any additional consent or action of the other parties hereto.;