Ms. Shazia Rehman v. Mr. Anwar Elahi & Ors.

Delhi HC14 May 2025CS(COMM)/245/2019

Case brief

AI extract

What is this about?

Consent/compromise decree; Order XXIII Rule 3 read with Section 151 CPC; recording of settlement; impleadment of legal heirs of deceased defendant; share-transfer dispute (4556 shares of Defendant No.2 company); declaration, permanent and mandatory injunction suit; Memorandum of Settlement dated 02.02.2025; I.A. 47758/2024; I.A. 12235/2025; CS(COMM) 245/2019; High Court of Delhi; Jyoti Singh, J.; Shazia Rehman v. Anwar Elhi & Ors.; suit disposed of in terms of settlement; decree sheet.

What did the court decide?

Suit decreed in terms of the Settlement Agreement dated 02.02.2025, which forms part of the decree and binds the parties; amended memo of parties taken on record; Registry directed to draw up the decree sheet; listing date of 19.05.2025 cancelled. ¶¶25

Ms. Shazia Rehman Vs Mr. Anwar Elahi & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶25

Issue for consideration

Whether the application (I.A. 47758/2024) of Defendant No.1 for impleadment of legal heirs of deceased Defendant No.3 should be allowed. +1 more

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Court's answer

Application I.A. 47758/2024 is allowed and disposed of, impleading the legal heirs of deceased Defendant No.3 as Defendants No.3(a), 3(b), 3(c) and 3(d)(i), (d)(ii) and (d)(iii); amended memo of parties taken on record.

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Ratio / Principle

The Court perused the terms of the settlement and found them lawful, satisfying the precondition for recording the compromise under Order XXIII Rule 3 CPC.

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Key takeaways

The settlement was recorded and the suit decreed in terms of the Settlement Agreement dated 02.02.2025, which forms part of the decree and whose terms bind the parties to the Agreement; suit disposed of and Registry directed to draw up the decree sheet.ratio¶¶25

Detailed headnote1 paragraphs

Delhi High Court (Jyoti Singh, J.), Order dated 14.05.2025 in CS(COMM) 245/2019 (Shazia Rehman v. Anwar Elahi & Ors.): (i) I.A. 47758/2024 allowed, impleading the legal heirs of deceased Defendant No.3 (expired 07.08.2024) as Defendants No.3(a), 3(b), 3(c) and 3(d)(i)-(d)(iii), with the amended memo of parties taken on record; (ii) joint application I.A. 12235/2025 under Order XXIII Rule 3 read with Section 151 CPC allowed, recording the Memorandum of Settlement dated 02.02.2025 executed between the Plaintiff, Defendant No.1, Defendant No.2 and the legal heirs of Defendant No.3, after the Court found the settlement terms lawful; (iii) the suit, originally filed for declaration, permanent and mandatory injunction in respect of 4556 shares of Defendant No.2 company allegedly transferred by Defendant No.1 in his favour, was decreed in terms of the Settlement Agreement, which forms part of the decree and binds the parties; suit disposed of and Registry directed to draw up the decree sheet.

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$~64

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 245/2019

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MS. SHAZIA REHMAN .....Plaintiff

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Through: Mr. Vipul Ganda and Ms. Avnika Mishra, Advocates.

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versus

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MR. ANWAR ELAHI & ORS. .....Defendants Through: Mr. Aditya Singh and Mr. Prateek Bhardwaj, Advocates for D-1 and D-2. Ms. Gurkamal Hora Arora and Mr. Kushal Gupta, Advocates for D-3.

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CORAM:

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HON'BLE MS. JUSTICE JYOTI SINGH

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O R D E R % 14.05.2025

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I.A. 47758/2024

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This application is filed on behalf of Defendant No. 1 for impleadment of legal heirs of Defendant No. 3.

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Learned counsels for the non-applicants have no objection to the application being allowed.

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Accordingly, this application is allowed and disposed of impleading legal heirs of deceased Defendant No. 3 as mentioned in paragraph 7 of the application as Defendants No.3(a), 3(b), 3(c) and 3(d)(i), (d)(ii) and (d)(iii).

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Amended memo of parties is taken on record.

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I.A. 12235/2025

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This is an application filed on behalf of the parties under Order XXIII Rule 3 read with Section 151 CPC to record the settlement between the parties and disposal of the suit in terms thereof.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/05/2025 at 13:04:16

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CS(COMM) 245/2019 Page 1 of 2

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Present suit was filed by the Plaintiff inter alia for declaration, permanent and mandatory injunction in respect of 4556 shares of Defendant No. 2 company allegedly transferred by Defendant No.1 in his favour. During the pendency of the suit, Defendant No.3 expired on 07.08.2024 due to old age and ill health and Defendant No.1 filed an application to implead his legal heirs. In the meantime, Plaintiff, Defendant No.1 and legal heirs of deceased Defendant No.3 and Defendant No.2 amicably resolved their inter se disputes and Memorandum of Settlement was executed and signed between them on 02.02.2025, copy of which has been placed on record.

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Court has perused the terms of settlement and finds the same to be lawful.

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Accordingly, this application is allowed and disposed of recording the settlement between the parties.

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CS(COMM) 245/2019

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Suit is decreed in terms of the Settlement Agreement dated 02.02.2025, which shall form part of the decree and terms whereof shall bind the parties to the Agreement.

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Registry is directed to draw up the decree sheet.

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Suit is disposed of.

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Date of 19.05.2025 stands cancelled.

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JYOTI SINGH, J

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MAY 14, 2025/shivam

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/05/2025 at 13:04:16

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CS(COMM) 245/2019 Page 2 of 2

Ms. Shazia Rehman v. Mr. Anwar Elahi & Ors.

Case brief

What is this about?

What did the court decide?

Ms. Shazia Rehman v. Mr. Anwar Elahi & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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