$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 26.11.2025 Judgment pronounced on: 08 .12.2025 + O.M.P. (ENF.) 6/2025 ASAD MUEED & ANR. .....Decree Holders Through: Mr. Rajiv Nayar Sr. Advocate with Mr. Saket Sikri, Ms. Simran Mehta, Mr. Vikalp Mudgal, Mr. Prakhar khanna , Mr. Priyansh Choudhary Mr.

M H Zahidi, Advocates versus HAMMAD AHMED & ORS. .....Judgement Debtors Through: Mr. Rajiv Kumar Virmani, Mr.

Shubham Pandey, Mr. Naimesh Gupta, Advs. for JD2 Dr Amit George, Dr.Swaroop George, Mr. Mobashshir Sarwar, Mr.

Abhinanadnan Jain, Mr. Shivam Prajapati, Ms. Ibansara Syiemlieh, Ms. Adhishwar Suri, Mr. Abhigayan Dwivedi, Mr. Kartikey Puneesh, Mr.

Kartikey Mr. Takrim Ashan Khan, Advs. for JD4 Mr. T. Singhdev, Mr. Tanishq Srivastava, Mr. Abhijit Chakravarty, Mr. Bhanu Gulati, Mr. Yamini Singh, Mr. Sourabh Kumar, Mr. Vedant Sood, Advs. for NMC CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

JUDGEMENT

1. Vide order dated 26.09.2025, this Court had deleted Judgment Debtor Nos. 1-3 as the order dated 12.08.2025, which the decree holders are seeking to enforce, has attained finality only with respect to Judgment Debtor No. 4 i.e., JHDU. Therefore it is clarified that the observations below are with respect to JHDU and HIMSR only, and not with respect to any other institutions functioning under JHDU.

EX.APPL.(OS) 1509/2025

2. This is an application filed by the Decree Holders under Application Order XXI, Rule 32 read with Section 51 and Section 151 of the Code of Civil Procedure, 1908 seeking the following direction:

“pass directions to compel the Judgment Debtor to comply with the order dated 12.08.2025 and directions passed by this Hon’ble executing court vide order dated 10.10.2025, including but not limited to directing arrest, detention in civil prison and/or attachment of property, of all members of the Executive Council (previously Board of Management) and Registrar of the judgment debtor as mentioned in paragraph 8.2 and Annexure A-8 of the present application;

AND/OR...”

FACTUAL BACKGROUND

3. The present proceedings arise from a long-standing dispute between two groups of the Hamdard family regarding the administrative control of Hamdard Institute of Medical Sciences & Research („HIMSR‟), which, under the Family Settlement Deed („FSD‟) dated 22.10.2019 and its Amended FSD dated 21.02.2020, was placed under the control of the Medical Relief & Education Committee („MREC‟) of the Hamdard National Foundation („HNF‟), represented by the Decree Holders. The below mentioned chart shows the distribution as per the FSD.

HAMDARD NATIONAL SPONSORING BODY

FOUNDATION

HNF (MREC)

SUB-COMMITTEES &

AND SOCIETIES HNF (HECA)

Hamdard Education Society

Jamia Hamdard

ALLIED HIMSR and its (deemed to be INSTITUTIONS Associate Hospital University)

4. As per Clause 25 of the FSD, the assets and liabilities of HNF were to be managed by 2 independent committees namely Hamdard Education and Cultural Aid Committee (“ HECA ”) and MREC. As per Clause 26 of the FSD, HECA was to be under the control of the judgement debtors and MREC was to be under the control of the decree holders. As per Clause 27 of the FSD, both HECA and MREC, were to function independently and not interfere with each others working in any manner.

5. A methodology was put in place to ensure smooth implementation of the FSD, under which the other signatories assumed control of the Jamia Hamdard (Deemed to be University) (“JHDU”) while the decree holders were entrusted with complete administrative, academic, and financial control of HIMSR. Accordingly, the highest executive body of the JHDU passed a resolution dated 03.07.2021 formally adopting the FSD and operationalising this arrangement.

6. Disputes arose regarding the functioning of HIMSR, alleging that certain signatories, along with the JHDU, sought to usurp control of the institution in violation of the FSD.

7. The Court, by its detailed judgment dated 20.09.2022, referred the said disputes to the learned Arbitrator and directed the parties