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2017 Supreme(Del) 1009

S.MURALIDHAR
K. S. KLER – Appellant
Versus
H. S. VEDI – Respondent


Advocates Appeared:
For the Plaintiff :Mr. Arun Kumar Varma, Senior Advocate with Ms. Anita Sahani, Mr. Aman Bhalla, Advocates
For the Defendant :Mr. M.A. Niyazi, Ms. Kirti Jaswal, Advocates

JUDGMENT :

Introduction

1.1 The central issue in these matters concerns an application being I.A. No. 22587 of 2014 filed by the Legal Representatives (LRs) of late Mr H. S. Vedi under Order XXIII Rule 3 of the Code of Civil Procedure 1908 (CPC) praying that the suit and the companion petition arising out of arbitration proceedings be disposed of in terms of a Compromise Deed dated 28th October 2007 executed by the parties.

1.2 If the said application is allowed, it will bring the curtain down on a three decade old litigation. If on the other hand, as contended by Mr K.S. Kler, the said application does not purport to settle the disputes between him and late Mr Vedi, but only the disputes both of them had with Mrs Veena Duggal, then the Court will have to decide the objections of the LRs of Mr Vedi to an Award dated 17th December 1987.

1.3 For the reasons to follow, this judgment concludes that the Compromise Deed dated 28th October 2007 brings an end to all disputes between the parties, including the disputes inter se between Mr Vedi and Mr Kler. The Court holds that the earlier Award dated 17th December 1987 does not survive and that both the suit and the petition and other applicati




































































































































































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