LAWS(DLH)-2017-3-54

SHAKUN JAISWAL Vs. ANAND PERSHAD JAISWAL & ORS

Decided On March 10, 2017
Shakun Jaiswal Appellant
V/S
Anand Pershad Jaiswal And Ors Respondents

JUDGEMENT

(1.) Both the appeals impugned the common order dated 22.09.2014 in CS (OS) 2064/2009. FAO (OS) 457/2014 was filed by Shakun Jaiswal (defendant no. 1 in the suit) and FAO (OS) 459/2014 was filed by Karamjit Jaiswal (defendant no. 2 in the suit). Anand Pershad Jaiswal (Respondent no. 1) in both the appeals is the plaintiff in the suit. Both the appeals were disposed of by us by common Judgment dated 03.02.2016.

(2.) The Review Petitions have been filed by Respondent No. 1 contending that while reserving judgment, the arguments were heard only on the issue of maintainability of the appeals and arguments had to be addressed by the Review Petitioner on the merits of the appeals.

(3.) The subject Suit seeks a declaration thereby declaring the transfer of funds amounting to £ Sterling 86,41.735.81, US $ 2.54.589.83 and € 10,000 from the accounts belonging to late Shri L.P. Jaiswal in favour of Shakun Jaiswal (defendant no. 1) to be a fraudulent transaction and therefore null and void and further seeks a mandatory injunction for reversing the said transaction.