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2018 Supreme(Bom) 3028

S.J.KATHAWALLA
Mukesh J. Shah – Appellant
Versus
Kiran Mukesh Shah Nee Chandrakant Shah – Respondent


Advocates Appeared:
Rajiv Narula I/by M/s. Jhangiani Narula and Associates, for Appellant; Mr. P.S.Chavan I/by M/s. Pradeep Chavan and Associates, for Respondents; Mr. J.P.Sen, Senior Advocate - Amicus Curiae

JUDGMENT

S.J. Kathawalla, J. - By the present Petition, the Petitioner seeks interlocutory reliefs under section 9 of the Arbitration and Conciliation Act, 1996 pending arbitral proceedings that the Petitioner proposes to initiate.

2. The Petitioner (Mukesh) is the husband of Respondent No. 1 (Kiran) and the father of Respondent Nos. 2 ( Jigar) and 3 (Kinjal). Mukesh and Kiran have admittedly fallen out. On account of their differences, and with a view to a dissolution of their marriage, Mukesh and Kiran along with their children, Jigar and Kinjal entered into a document styled as a ''Memorandum of Arrangement of Family Settlement'' dated 25th April 2017. The Memorandum, to the extent that it is material, is reproduced hereinbelow:

Whereas:

(a) The party of the First Part to the party of Fourth Part are members of the Shah Family. The said Mukesh and the said Kiran are husband and wife and out of their wedlock, they have the said Jigar and the said Kinjal as son and daughter respectively;

(b) The said Mukesh, the said Kiran, the said Jigar and Kinjal have been living together as a family at the flat bearing No. 902, Mayfair Kumkum, S.V. Road, Near M.A. High School, Andheri (West), M

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