Neutral Citation Number : 2022/DHC/004898

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Decided on: 17.11.2022

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ARB.P. 539/2017

RAHUL JAIN & ORS.

..... Petitioners

Through:

Mr. Ratan K. Singh, Senior

Advocate

with

Mr.

Sumit

Kaushal, Mr. Rajeev Gurung &

Ms.

Kanishka

Shivhare,

Advocates

(Enrolment

No.

D/4465/2018,

Mobile

No.

9950840466).

versus

ATUL JAIN & ORS.

..... Respondent

Through:

Mr. Tanmaya Mehta, Advocate

for R-1, R-2 and R-4.

Mr. Ankit Jain, Ms. Neha Jain,

Mr. Abhay P. Singh, & Mr.

Aditya Chauhan, Advocates for

R-3.

Mr. Jai Sahai Endlaw and Mr.

Ashish Kumar, Advocates for

R-5.

Ms. Padmapriya, Advocate for

Intervenor.

%

CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN

J U D G M E N T

1.

This

petition

under

Section

11

of

the

Arbitration

and

Conciliation Act, 1996 [hereinafter, “the Act”] has been filed by the

petitioners for appointment of an arbitrator to adjudicate disputes

Digitally Signed

By:SHITU NAGPAL

Signing Date:17.11.2022

19:27:15

Signature Not Verified

Neutral Citation Number : 2022/DHC/004898

arising between the parties under a “Memorandum of Family

Settlement” dated 23.07.2016 [hereinafter, “MOFS”].¹

A.

Factual Background

2.

The parties belong to the family of late Mr. R.C. Jain and Mrs.

Asha Lata Jain, who is arrayed as respondent No. 5 in this petition.

The petitioner No. 1- Mr. Rahul Jain is the younger of their two sons.

The other petitioners are his wife, Mrs. Nipur Jain and two children,

Aastha and Aviral, who is a minor. Other than Mrs. Asha Lata Jain,

four persons have been arrayed as respondents—Mr. Atul Jain, brother

of petitioner No. 1, his wife- Mrs. Meenakshi Jain and his children,

Apoorv and Ananya. Mr. R.C. Jain and Mrs. Asha Lata Jain also have

two daughters, Mrs. Alka Jain (who is not a party to these

proceedings), and Mrs. Poonam Gupta (who has sought to intervene).

For ease of reference, the parties will be referred to by their first

names.

3.

The MOFS is purportedly between three entities, being Atul’s

branch of the family (described therein as the “AJ Group”)², Rahul’s

branch of the family (described therein as the “RJ Group”)³, and Asha

Lata (described therein as “ALJ”).⁴The description of the parties in

the MOFS reads as follows: -

148E, Club Road, Lane No.4, Sainik Farms, New Delhi-110062

1 Memorandum of Family Settlement dated 23.07.2016 at document-1 of the petitioners’ list of

documents.

2 Clause 1 of the description of the parties in the MOFS.

3 Clause 2 of the description of the parties in the MOFS.

4 Clause 3 of the description of the parties in the MOFS.

Digitally Signed

By:SHITU NAGPAL

Signing Date:17.11.2022

19:27:15

Signature Not Verified

Neutral Citation Number : 2022/DHC/004898

(hereinafter referred to as “AJ”) being the head of the family and

representing himself and the following individuals; (i) Smt.

Meenakshi Jain, wife of Shri Atul Jain, (ii) Ms. Ananya Jain,

daughter of Shri Atul Jain, and (iii) Shri Apoorv jain son of Shri

Atul Jain; all residing at 148E, Club Road, Lane No. 4, Sainik

Farms New Delhi-110062, who have appended their signatures to

this Memorandum as concurrence thereof (Shri Atul Jain along

110062 (hereinafter referred to as “RJ”) being the head of the

family and representing himself and the following individuals: (i)

Smt. Nipur Jain, wife of Shri Rahul Jain, (ii) Ms. Aastha Jain,

daughter of Shri Rahul Jain, and (iii) Shri Aviral Jain minor son

of Shri Rahul Jain (executing through his legal guardian Shri

Rahul Jain); all residing at H 27 B, Western Avenue, Lane No. W-

8E, Sainik Farms New Delhi-110062, who have appended their

signatures to this Memorandum as concurrence thereof (Shri

(hereinafter referred to as “ALJ”).⁵

4.

Although it is stated at the opening of the MOFS that Atul and

Rahul “being the head of the family”⁶represent themselves and their

respective spouses and children, it is also mentioned that other

members of the AJ Group and RJ Group have signed the MOFS “as

concurrence thereof”.⁷The MOFS is, in fact, signed by Meenakshi,

Ananya, Nipur an