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Supreme Court of India

SUDHIR KUMAR JAIN vs NEERAJ KUMAR JAIN on 9 August, 2018

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2018 INSC 687C.A. No.-008151-008151 - 2018Official PDFAuthor Kurian JosephBench Kurian Joseph, Sanjay Kishan Kaul, Kuttiyil Mathew JosephAdvocates PREETI SINGH
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8151 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 13683 OF 2015]
SUDHIR KUMAR JAIN Appellant(s)
VERSUS
NEERAJ KUMAR JAIN & ORS. Respondent(s)
WITH
CIVIL APPEAL NO. 8152 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 21662 OF 2018]
[@ SPECIAL LEAVE PETITION (C) …..CC NO. 2651 OF 2016]
J U D G M E N T

SLP (C) No. 13683 of 2015

Leave granted.

The appellant challenged the award passed by the Lok

Adalat before the High Court, where Original Suit No. 68

of 2010 has been compromised between the parties.

According to the learned senior counsel appearing for

the appellant, he was neither a party to the suit nor to

the settlement. According to the learned counsel for

the respondents, the appellant is not an affected party.

The High Court was not inclined to interfere with

the award on the ground that the appellant was not an

issue regarding the settlement as per the Lok Adalat

dated 02.09.2013 is now pending before the High Court in

Misc. Petition (C) No. 497 of 2018, in which both the

sides are parties.

In view of the above circumstances, we set aside the

impugned Judgment dated 11.03.2015 and remit the matter

to the High Court, to be taken along with Misc. Petition

(C) No. 497 of 2018.

The parties are free to move the High Court for

expeditious disposal of the Misc. Petition.

In view of the above, this appeal is disposed of.

SLP (C) ………CC No. 2651 of 2016

Delay condoned.

Leave granted.

In terms of the Judgment passed in Civil Appeal

No. 8151 of 2018 [@ SLP (C) No. 13683 of 2015) above,

this appeal is disposed of.

New Delhi; August 09, 2018.