VidhiSangh

Supreme Court of India · 12/02/2020

BALWANT SINGH (D) THR. LR. versus DUNGAR SINGH (D) THR. LRS.

[2020] 1 S.C.R. 609 · 2020 INSC 172

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Summary

The Supreme Court approved the High Court’s decision to make a family-partition arbitral award a rule of court: the parties had consensually chosen related arbitrators, submitted claims and participated, and no misconduct was established. On a further settlement between their legal representatives, the Court modified the award and incorporated a property-wise chart into the decree, including payment of Rs 10 lakh in lieu of a jewellery share.

Issues

  1. Whether the consensual family-partition award was properly made a rule of court.
  2. How the parties’ further settlement should modify the award.

Held

Result

Appeal disposed of on the modified award in paragraph 8, with its chart to form part of the decree. Rs 10 lakh payable within nine months in lieu of the jewellery share, carrying 9% annual interest in case of default. Popat Wala House possession to be handed over by 31 May 2020 and share certificates divided within three months; Rs 9,000 and Rs 12,334 balancing payments waived under the compromise. Registry directed to draw the decree.

Judgment PDF: Supreme Court of India, [2020] 1 S.C.R. 609.