ORDER :

I.A. No. 21636/2022 (u/s 151 CPC by LR No. 3 Pankaj Jain)

1. The instant application under Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the “CPC”) has been filed on behalf of the applicant seeking the following reliefs:

“(a) Recall and set aside the order dated 22.11.2016 passed in Test. Case No. 54/2014 and relieve the Applicant from the undertaking given therein.

(b) Direct Respondent No. 2 to come up with an alternative payout plan for the unfulfilled commitment as per the MOFS dated 17.11.2016 and more particularly, direct Respondent No 2 to pay the balance of 23,00,00,000 (Twenty Three Crores) immediately along with interest accrued since the date of signing of MoFS.

(c) To transfer in the name of the Applicant such other properties which are registered in the Respondent No 2’s name in order to compensate for the promise of payment of Rs. 23,00,00,000 (Rupees twenty-three crores Only.

(d) Directs Respondent No. 2 to provide the Applicant with an alternate payment schedule, i.e. the date and time of transfer of such monies as mentioned in clause 4(iv)(a) and clause 4(iv)(a) and abide by the same in letter and spirit.

(e) To Restore the earlier arrangement of monthly payment revised to Rs Six Lakhs per month along with other expenses to the Applicant, which was prevalent at the time when his father was alive.”

2. Learned counsel for the applicant/petitioner submitted that the applicant had filed an application bearing number I.A. No. 10722/2019 with similar reliefs before this Court, but the same was withdrawn with liberty to take appropriate steps with respect to the family settlement if the need arises vide order of this Court dated 19th December 2019.

3. Learned counsel for the applicant submitted that despite the applicant’s total compliance of the obligations enumerated in the agreement, the mother has failed to fulfil her obligations substantially. It is stated that it has become crystal clear that the mother/the LR 1 does not wish to fulfil her commitment given to the applicant in the Family Settlement filed before this Court, contingent upon which the applicant had granted his NOC in the present proceedings and impressed upon the Executor to withdraw the other case bearing TEST. Case No. 05/2015 where the applicant was the major beneficiary of the last Will of his father, late Shri Davinder Kumar Jain.

4. It is further submitted that after withdrawal of the legal cases instituted by the applicant against respondent No. 2 and compliance of all the conditions by the applicant, the respondent no. 2 breached the Family Settlement in its entirety by not just delaying the payments and transfer of properties but also by amending the Family Settlement dated 17th November, 2016 multiple times as per her own convenience but whenever the applicant would remind and demand the fulfilment of her obligations as per clause 4 (IV) of the Family Settlement, she would curtly reply that the Family Settlement is “sacrosanct” and she will strictly go by the terms as mentioned therein.

5. It is thus prayed that the old arrangement which was prevalent during the lifetime of his father, Late Sh. D.K. Jain, wherein the applicant was paid a monthly salary of Rs. 3,00,000/- per month, be restored and revised to Rs. 6,00,000/- per month in tune with the inflation, rising cost and having regard to the fact that now the applicant is not staying in the family home anymore. It is further submitted that if the order is recalled and set aside and the Applicant is relieved from the undertaking, no prejudice would be caused to any of the parties as the LR 5’s evidence in terms of her objections raised against the present petition is still continuing.

6. It is submitted that in view of the aforesaid facts and circumstances, the applicant herein presents this application before this Court to recall and set aside the order dated 22nd November, 2016 and relieve the applicant from the undertaking on such terms as this Court may d