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2023 Supreme(Del) 1309

PRATHIBA M. SINGH
Pratap Raj Pandey – Appellant
Versus
Investor Education And Protection Fund Authority – Respondent


Advocates appeared:
Mr. Fanish K Jain, Mr. Ankit Garg, Mr. Nischay Ahuja, Mr. Manak Goel and Mr. Rohit Yadav, Advocates, for the Petitioners.
Ms. Shiva Lakshmi, CGSC with Ms. Srishti Rawat, Advocate, for the Respondents.

JUDGEMENT

Prathiba M. Singh, J.(Oral)

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by three brothers i.e. Shri Pratap Raj Pandey, Shri Prabhat Raj Pandey and Shri Pradip Raj Pandey all sons of late Shri. Piyush Raj Sharma Pandey and late Mrs. Prem Kumari Pandey. The Petitioners are Nepalese citizens. The parents of the Petitioners, who were also Nepalese citizens had purchased a total of 2182 shares of M/s Ultratech Cement Ltd.

3. After the demise of the parents, a case for partition of the properties of the parents was filed in 2017 before the District Court, Kathmandu, Nepal. A decree of compromise was passed by the said court dated 11th May 2017 as per which the shares were to be divided equally between the brothers. The relevant clause of the said deed of compromise is set out below:

    "The plaintiff and defendant ourselves, in spite of our litigation against each other, have made a mutual understanding at home to settle our dispute by compromising the case and the content of the compromise is that; the shares of different companies registered in the name of late father Mr. Piyush Raj Pandey and late mother Mrs. Prem Kumari Pandey in

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