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2012 Supreme(Del) 2828

V.K.JAIN
Kailash Newar – Appellant
Versus
Satish Newar – Respondent


Advocates:
Mr. J.P. Sengh, Sr. Advocate with Ms. Gurkamal, Mr. Sumit Batra for Plaintiffs.
Mr. Arvind K. Nigam, Sr. Advocate with Mr. Sumehar Bajaj for Defendant.

JUDGMENT :

V.K. Jain, J.

1. This is a suit for specific performance of a Memorandum of Understanding and grant of damages. Defendant No.1 is the brother of plaintiff No.1 and defendant No.2 is the wife of defendant No.1. Plaintiff No.2 is the wife of plaintiff No.1. The parties to the suit were carrying various businesses and owned different properties in the names of the various partnerships/companies formed by them. One of such properties was property bearing No.116, Sector 59, Faridabad. Certain disputes arose between the parties which were resolved through intervention of an arbitrator and an MOU dated 28th August/11th September, 2001 was entered into between

2. In the parties. The MOU, to the extent it is relevant, provided that plot No. 116, Sector 59, Faridabad which had been acquired in the name of M/s Excellent Hosiery Products, shall belong to the plaintiffs. It was further agreed that the loans raised by another firm Excellent Hosiery Products against the above referred plot shall be repaid by the defendants immediately on the plaintiffs relinquishing/transferring their share in property No. 5, B.D. Estate, Lancers Road, Timarpur, Delhi, in favour of defendant Nos. 1 and 2.
































































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