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Bombay High CourtAPEAL/89/2015allowed to be withdrawn at admission stage

Mahadev Gangaram Darekar v. Datta And Brothers Through Proprietor Parvati Dattatray Nayakavale

2015-01-20Hon'Ble Shri Justice A.M. Thipsay2 pages

17.ALPNo.3202013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE APPLICATION FOR LEAVE TO APPEAL (PVT) NO.320 OF 2013 in CRIMINAL APPEAL NO. 89 OF 2015 WITH CRIMINAL APPEAL NO. 89 OF 2015 Mahadev Gangaram Darekar ...

Applicant V/s.

Datta & Brothers through Prop.Smt.Parvati Dattatray Nayakavale & Anr.

...

Respondents .....

Mr.Saurabh Bhutala, Advocate for the Applicant. Mr.Ashish Pawar i/b. Suresh R.Padwal, Advocate for the Respondent No.1.

Mrs.M.R.Tidke, APP for the Respondent/State.

....

CORAM :

ABHAY M. THIPSAY J.

DATED :

20TH JANUARY, 2015 P.C.

1.

Heard learned counsel for the parties.

2.

Leave granted.

3.

The application is treated as a memo of appeal. It be numbered accordingly.

Gaikwad RD 1/2

17.ALPNo.3202013 4.

The appeal is admitted and, by consent, taken up for final hearing forthwith.

5.

The counsel for the parties state before me that the matter has already been amicably settled between them. Consent terms signed by the parties and their counsel are taken on record and marked as 'X' for identification.

6.

In view of the consent terms, it is directed that the amount of Rs30,400/- lying in the Court of Judicial Magistrate, First Class, Khalapur and the amount of Rs50,000/- lying in the Court of Sessions at Alibaug, together with interest, if any, accrued thereon, be given to the applicant i.e. the original complainant in accordance with the terms of compromise.

7.

In view of this, the learned counsel for the appellant does not press the appeal. The appeal is allowed to be withdrawn and stands dismissed as such.

(ABHAY M. THIPSAY J.) Gaikwad RD 2/2