Summary
The Supreme Court required both Arya family groups to implement their overall consent settlement, including supplemental terms, rather than enforce only favourable portions. To balance their positions, it nevertheless directed the RA Group to countersign allotment letters for the PA Group’s eight flats within two weeks. Those flats could not be alienated pending full implementation. Both groups had four months to complete the agreed supplemental arrangement; the RA Group remained free to deal with its seven flats.
Issues
- Whether the PA Group could obtain unconditional execution of its flat entitlement before completing the overall family settlement.
- What directions would secure implementation while protecting both groups.
Held
- The consent terms resolved disputes across several family companies and properties and constituted a framework requiring a definitive family arrangement and supplemental terms. They had to be read together and implemented in full by both sides. (¶¶ 5.1, 6, 7, 7.1, 8, 8.1)
- One group could not insist on unconditional execution of only the portion favourable to it while the linked obligations remained unperformed. A conjoint reading implied coordinated performance of the supplemental arrangement and the flat allotment. (¶¶ 6, 8, 8.1)
- The PA Group’s eight-flat entitlement was undisputed and the developer had issued the required letter. Since the RA Group held the flats and other settlement benefits, balance required countersignature, subject to a prohibition on PA Group alienation until full implementation and execution of supplemental terms. (¶¶ 5.1, 9, 10)
- Both groups must cooperate and complete their respective settlement obligations and supplemental arrangement within four months. The existing restraint and injunction continued subject to the express exception permitting the RA Group to deal with its seven allotted flats. (¶¶ 9, 10, 11)
Result
High Court orders modified and appeals disposed of: supplemental settlement and full compliance within four months; RA Group to countersign Annexure E within two weeks. PA Group restrained from alienating its eight flats until implementation; injunction continued with the specified seven-flat exception. No costs.