Joginder Singh Choudhary (J.S. Choudhary) & ANR. v. Sukhvir Singh Choudhary

$~7 & 27 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 10.7.2018 + ARB.P. 155/2018 JOGINDER SINGH CHOUDHARY (J.S. CHOUDHARY) & ANR.

..... Petitioner Through:

Mr. Anil Sapra, Sr. Adv. with Mr.

Sunil Kr. Gandhi, Mr. Shivanshu Kumar, Mr. Aditya Kapoor, Ms.

Medha Tandon, Mr. Sarthak Katyal and Mr. Jaideep, Advs.

Mr. J.S. Choudhary - petitioner No.1.

Mr. R.P. Choudhary - petitioner No.2.

versus SUKHVIR SINGH CHOUDHARY ..... Respondent Through:

Mr. Rajat Mathur with Mr. Akshay Singh, Advs. along with respondent - Sukhvir Singh Choudhary.

+ O.M.P.(I) 3/2018 & I.A. No.4062, 8254/2018 SHRI J.S. CHAUDHARY & ANR.

..... Petitioner Through:

Mr. Anil Sapra, Sr. Adv. with Mr.

Sunil Kr. Gandhi, Mr. Shivanshu Kumar, Mr. Aditya Kapoor, Ms.

Medha Tandon, Mr. Sarthak Katyal and Mr. Jaideep, Advs.

Mr. J.S. Choudhary - petitioner No.1.

Mr. R.P. Choudhary - petitioner No.2.

versus SHRI SUKHVIR SINGH CHAUDHARY (SHRI S. S.

CHAUDHARY) & ANR.

..... Respondent Through:

Mr. Rajat Mathur with Mr. Akshay Pg. 1 of 3

Singh, Advs. for R-1.

Mr. Deepak Gupta with Mr. Jai Sahai Endlaw, Advs. for R-2.

Mr. Sukhvir Singh Chaudhary - respondent No.1.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J (ORAL) 1.

After some arguments, learned counsel for both the parties submit that these matters be disposed of with the following directions: (i) The petitioners before this Court will file a suit qua respondent No.1, who, has raised objections with regard to the existence of the Arbitration Agreement, which is contained in the Memorandum of Oral Partition dated 4.7.2014.

(ii) The suit, if any, shall be filed by the petitioners within six weeks from the date of receipt of a copy of the order. (iii) The interim orders dated 2.2.2018 & 22.3.2018 shall continue to operate for a period of six weeks from the date of receipt of the order to enable the petitioners to move the appropriate Court by way of a suit action.

(iv) In case the suit action is not filed within the aforementioned timeframe, the interim protection granted by the orders dated 2.2.2018 and 22.3.2018 will dissolve.

(v) Needless to say, the parties will be at liberty to advance their contentions before the suit court and seek necessary relief. 2.

I may only note that both petitioner No.1 and 2 as well as respondent No.1 are present in the Court and this order is passed with their concurrence. Pg. 2 of 3

3.

Consequently, pending applications shall stand closed. RAJIV SHAKDHER, J JULY 10, 2018/pmc Pg. 3 of 3