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2022 Supreme(Del) 1230

YOGESH KHANNA
Raja Arora And Another – Appellant
Versus
Meera Arun – Respondent


Advocates appeared:
Mr. Vinay Kr.Garg, Senior Advocate with Mr. Jagdish Sethi, Mr. Parv Garg, Mr. Pawar Kulshrestha & Mr. K.S. Rekhi, Advocates, for the Petitioners; Mr. Akshat Gupta & Mr. Pranav Jain, Advocates, for the Respondents No. 1

JUDGMENT

Yogesh Khanna, J. - This petition is filed for impugning the order dated 20.11.2021 passed by learned MM (NI Act)-02 (Central), Tis Hazari Courts, Delhi thereby dismissing an application filed by the petitioner under Section 431 Cr.P.C. read with Section 421 Cr.P.C. seeking enforcement of mediation settlement dated 19.02.2019.

2. The parties executed a settlement agreement on 19.02.2019 before the mediation centre in order to settle all their pending disputes in various fora and pursuant thereto specific statements of respondent no.1 and her husband were recorded by learned MM in terms of judgment passed in Dayawati vs. Yogesh Kumar Gosain (2017) 243 DLT 117. Late Shri A.A. Murugaiah, husband of respondent no.1 also gave personal guarantee for compliance/ payment as per the settlement agreement dated 19.02.2019. However, after paying few installments the respondent failed to fulfill their obligation and resultantly committed its breach. Subsequently, to enforce the abovementioned settlement agreement, the petitioner filed an application on 23.08.2021 under Section 431 Cr.P.C. read with Section 421 Cr.P.C. praying interalia for attachment of shares and properties of responden

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