Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2007 Supreme(SC) 1744

SUPREME COURT OF INDIA
H.K. Sema and D.K. Jain, JJ.
Kangaro Industries (Regd.) - Petitioner
Versus
Jaininder Jain - Respondent
Special Leave to Appeal (Civil) No. 3362 of 2007 (From the Judgement and Order dated 29.1.2007. in FAO(OS) Nos. 768 and 771 of 2006 of the High Court of Delhi at N. Delhi. Decided On : 2-3-2007

Advocates Appeared:
For the Petitioner:- Harish N. Salve, R.F. Nariman, Sudhir Chandra, Sr. Advs., Amarjeet Singh, Rana Mukherjee, Mahandra Rana, Gurvinder Singh, Siddharth Gautham and Goodwill Indeevar, Advocates.
For the Respondent:- Arun Jaitely, Parag Tripathi, Sr. Advs., S. Bhatia, Parveen Gupta, Hinalika Trivedi, Deepti, Sudhir Nadrajog and Ajit, Advocates.

The court emphasized the importance of amicable settlement and maintaining the status quo during legal proceedings.

Headnote:
Notice - Amicable Settlement - Stay of High Court Order
Fact of the Case:

The court issued notice and allowed the petitioners to file a rejoinder-affidavit before the Dubai Court, with a direction to explore the possibility of amicable settlement between near relatives. The stay of the High Court order was granted in the interim.
Finding of the Court:

The court found it necessary to facilitate an amicable settlement between the parties and granted the petitioners the opportunity to present their case before the Dubai Court. The stay of the High Court order was also granted to maintain the status quo during the proceedings.
Issues: The main issue was to enable the parties to explore the possibility of amicable settlement, considering the dispute between near relatives.
Ratio Decidendi: The court's decision was influenced by the need to promote amicable settlement and maintain the status quo during the proceedings, as reflected in the grant of notice, permission to file rejoinder-affidavit, and stay of the High Court order.
Final Decision: The final decision was to issue notice, allow the petitioners to file a rejoinder-affidavit before the Dubai Court, and grant a stay of the High Court order in the interim.

JUDGMENT :

Issue Notice.

Mr. Sudhir Nandrajog, Learned Counsel waives notice on behalf of the Respondents. List this matter on 30.03.2007 to enable the parties to explore the possibility of amicable settlement, the dispute being between the near relatives.

2. In the meantime, the Petitioners shall be allowed to file rejoinder-affidavit before the Dubai Court by 06.03.2007. Learned senior counsel on both the sides undertake to request the Dubai Court to adjourn the hearing on the ground that the parties to the dispute are exploring the possibility of amicable settlement out of the Court. Stay of the High Court order in the interim.

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Judicial Analysis