Sanjeev Anand vs State Of H.P. And Others

Tarlok Singh Chauhan, J

On 03.11.2020, this court passed the following order:-

“ Looking to the nature of the dispute which is between the real brothers, we are of the considered opinion that the parties definitely require to sit

together and amicably resolve the dispute or else the property involved in this petition as also the other property jointly owned by the parties would

simply be put to waste. With the sincere hope that the parties may see reason and would resolve the dispute. On the request of learned counsel for the

parties, we appoint Sh. R.L.Thakur, Advocate, Dalhousie as Mediator to mediate between the parties. Parties to appear before him on 07.11.2020.

The parties shall render all cooperation and assistance to the Mediator in bringing about the amicable settlement .

The contesting parties shall also associate their sister Smt. Rippi Nagpal in these proceedings.

We request the learned Mediator to try to resolve and settle the dispute as expeditiously as possible and preferably within four weeks from today. List

on 01.12.2020â€​

In compliance to the aforesaid order, learned Mediator has now submitted his report and in terms whereof, the parties have amicably settled the

dispute in the following manner:-

1.That the parties have agreed to run the Hotel namely Himdhara as it was running as per their registration certificate issue prior to dated 16-03- 2020

and they have mutually agreed to share the profit and loss in equal proportions.

That the parties have also agreed to settle their dispute relating to all remaining joint property on or before 31-03-2021 and shall also prepare a

written settlement deed which shall be binding on all the parties.

We place on record our appreciation for the earnest efforts made by the learned Mediator Mr. R.L. Thakur, Advocate, Dalhousie in bringing about

the amicable settlement inter se the parties.

Consequently, the present petition is disposed of, in terms of the aforesaid compromise, however, it is made clear that the parties shall be bound by

the compromise and report submitted by the Mediator shall form part of compromise deed. In case any of the parties violate terms of the compromise,

then, in addition to any other action that may be taken inter se the parties, the defaulting party shall be liable to be prosecuted and punished under the

Contempt of Courts Act.

As regards other reliefs claimed in this petition, we express no opinion or view over the same, however, liberty is reserved to the petitioner to file

substantive petition for redressal of other grievances as raised in this petition.

The parties shall appear before the competent authority for opening the Hotel in question on 14.12.2020 at 11A.M.

Pending application(s), if any, also stands disposed of. The parties are left to bear their own costs.

An authenticated copy of this order be supplied to the learned counsel for the parties by the Court Master.