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                               NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.7131-7132 OF 2010

FARHAT SHEIKH                                 APPELLANT(S)                                 VERSUS JAVED ZAKI & ORS.                            RESPONDENT(S)

WITH C.A NOS.7134-7135 OF 2010

J U D G M E N T  Applications for impleadment are allowed.   These appeals have been pending before this Court for

almost a decade. Several attempts have been made by this Court  to  see  whether  the  disputes  could  be  otherwise settled out of the Court and the Court did succeeded, to some extent, when the parties were not able to reach an agreement on certain issues.  

In  that  background  on  01.02.2017,  this  Court requested Mr. R. Basant, learned Senior Counsel, whether he could assist the parties to arrive at a settlement on the remaining issues.

Thanks  to  the  efforts  taken  by  the  learned  Senior Counsel on several days and also in view of the subsequent orders  passed  by  this  Court,  we  are  informed  that  the parties have been able to arrive at a settlement.  

The terms of settlement have been reduced to writing and have been duly signed by all the parties in the form of  Family  Settlement  Terms.  Settlement  Terms  have  been filed along with I.A. Nos.21-22 of 2017 & 15-16 of 2017 in both sets of appeals. Settlement  Terms  filed  today  are                            1. taken  on  record.  The  parties  have  also  filed  joint applications  for   recording   the  compromise  among  the parties and for disposing of the appeals in terms of the

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settlement in both sets of appeals. The two family companies involved in the two appeals

are Detinners Pvt. Ltd. and Esemen Metalo Chemicals Pvt. Ltd., who were under the control of one SK. Md. Naqi, since deceased, the predecessor of the individual parties herein. After his death, the shares of the two companies were and still are in the control of the parties herein, the descendants of the said deceased and members of the same family. Disputes arose with regard to the control and management of the said two companies and their properties. In settling the said disputes, the family members being the  individual  parties  herein,  through  the  able  and effective  mediation  of  Mr.  Basant  R.,  Senior  Advocate, Supreme Court, have settled all issues. Keeping in mind the well-being of the family and equitable distribution of the realisable assets by and between family members, the Appellant, the Respondents and the added Respondents have agreed to the settlement terms which is duly signed by all the parties and their Advocates and filed in court.

The I.A. Nos.21 and 22 of 2017 are allowed by adding Ruby Zaki, Kausar Zaki, Anisa Zaki and Detinners P. Ltd. in Civil Appeal Nos.7134-7135 of 2010. The newly added parties  are  appearing  through  their  advocates  and  they waive service of notice.     

We direct all the parties to act accordingly. We make it clear that in case of violation of any of the terms referred  to  in  paragraphs  16,  18  and  19  of  Family Settlement, the parties shall approach only this Court.  

We record our appreciation for the services rendered by Mr. R. Basant, Senior Advocate who was ably assisted by Mr. A. Karthik, Advocate.

Mr. R. Basant submits that this settlement  has  been

                              2. arrived at between the parties by the assistance rendered by Mr. D. N. Mitra, Advocate, and he also needs to be appreciated  since  he  had  been  working  not  only  as  a

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counsel for one side, but has made sincere efforts for settlement.  We  thus  record  our  appreciation  for  the assistance rendered by Mr. D. N. Mitra, Advocate.

Despite the persuasive request of the Court, Mr. R. Basant and his associate Mr. A. Karthik have declined to accept  any  remuneration  for  the  wonderful  assistance, though we are convinced that they are entitled to receive the same.

However, parties on both the sides submit that they will  make  some  substantial  contribution  to  the  Tata Memorial Cancer Hospital. We appreciate the gesture shown by the parties.

Appeals are, accordingly, disposed of. Pending application(s), if any, stands disposed of.   

...........................J.         (KURIAN JOSEPH)

..........................J.             (R. BANUMATHI)

NEW DELHI, APRIL 20, 2017