2008 (8) TMI 972 - HC - Companies Law

Court denies Plaintiffs' request for specific performance in family arrangement deed dispute.

Bazzardev Permeshwar Narain Sadh & Others Versus Gyandev Permeshwar Narain Sadh & Others

The court denied the Plaintiffs' request for ad-interim relief seeking specific performance of agreements related to a family arrangement deed. The court ... - Issues involved: Specific performance of agreements, family arrangement deed, failure to carry out partition, ad-interim relief sought.The judgment pertains to a suit filed by the Plaintiffs seeking specific performance of agreements annexed at Exhibits A, B, and C, related to a family arrangement deed. The Plaintiffs and Defendants, representing two groups, were engaged in business together, with ongoing settlement talks for dividing the property. The Plaintiffs allege that while part of the family arrangement deed has been implemented, the Defendants have failed to carry out the partition as agreed. The Plaintiffs seek ad-interim relief as per prayer clauses (c) and (d) at this stage.Exhibit A consists of minutes from a meeting held in 2004, while Exhibit 'B' is a family business separation document signed by representatives of both parties. Exhibit 'C' describes the properties allocated to the Bazzardev Sadh Group under the family arrangement deed. The court notes that these documents do not constitute a binding agreement between the parties, as a Mediator was involved in the process. The Mediator lacks the authority to make determinations under relevant laws and rules. Therefore, the court finds no grounds for granting ad-interim relief at this stage.The court directs the Defendants to file a reply and the Plaintiffs to submit a rejoinder, if any, within two weeks. The Notice of Motion will be scheduled for a hearing in due course, with the Defendants waiving service.