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2024 Supreme(Online)(Del) 33611

IN THE HIGH COURT OF DELHI AT NEW DELHI
REKHA PALLI, SAURABH BANERJEE, JJ
SUBHASH CHANDER BAJAJ (SINCE DECEASED) THR LRS & ORS – Appellant
Versus
INDERJIT BAJAJ (SINCE DECEASED) THR LRS & ORS – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Sachin Chopra, Ms.Ashna Gupta, Ms.Yashika Kapoor
For the Respondents: Mr.Manish Makhija, Ms.Simran Makhija

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE REKHA PALLI, J(ORAL)

1. The present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter “the Act”) seeks to assail the order dated 18.12.2018 passed by the learned Single Judge in O.M.P. No.306/2009. Vide the impugned order, the learned Single Judge has, while accepting the respondent no.1's (legal representatives of Shri.Inderjeet Bajaj) challenge to the arbitral award dated 27.03.2009 allowed their application under Section 34 of the Act. While allowing the respondent no.1's application, the learned Single Judge held that the findings of the learned Arbitrator to the effect that the Memorandum of Family Settlement dated 30.07.1997 (hereinafter “MFS”), being an unregistered document, was invalid, were erroneous and unsustainable. Consequently, the learned Single Judge held that the MFS was valid and therefore, all the parties would be bound by the terms thereof MFS dated 30.07.1997.

2. The brief factual matrix as necessary for adjudication of the present appeal may be noted at the outset.

3. The dispute between the parties pertains to businesses and properties, which were in th

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