ASAD MUEED Vs. HAMMAD AHMED

JUDGEMENT

(1.) This petition under Sec. 9 of the Arbitration and Conciliation Act, 1996 [The Act] has been preferred seeking the following reliefs: -

(2.) Admittedly, the instant petition is not the first foray of the petitioners before this Court seeking reliefs in respect of a resolution dtd. 5/12/2022 passed by the Jamia Hamdard Society [JHS] and in terms of which a decision came to be taken for converting the Hamdard Institute of Medical Sciences and Research [HIMSR] from a 'constituent institution ' to a 'school ' of the Jamia Hamdard [deemed University]. For the purposes of rendering a decision on the present petition, the following essential facts may be noticed.

(3.) The dispute between the heirs and descendants of the Late Hakeem Hafiz Abdul Majeed Sahib came to be resolved in terms of a Family Settlement Deed dtd. 22/10/2019 and an Amended Family Settlement Deed dtd. 21/2/2020. Differences appear to have arisen between the parties relating to the implementation of the various stipulations contained in the said Family Settlement Deeds. According to the petitioners, the principal dispute relates to the segregation of HIMSR from the Jamia Hamdard [deemed University], the fourth respondent herein, and its transfer to the Hamdard Education Society [HES] as a going concern. It is the case of the petitioners that it was the action of the respondents acting in breach of the aforesaid prescriptions relating to HIMSR as contained in the Family Settlement Deeds that led to the filing of the first petition under Sec. 9 of the Act which came to be numbered as OMP (I) No. 7/2022. The said petition was finally disposed of by a learned Judge of the Court in terms of an order dtd. 20/9/2022 with the following directions: -