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Bombay High CourtREVN/53/2015others disposed off

Josika Marketing Private Limited And ANR. v. Serum International Limited And ANR.

2016-03-31Hon'Ble Justice Revati Mohite Dere3 pages

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION REVISION APPLICATION No.53 OF 2015 WITH CRIMINAL APPLICATION NO.57 OF 2015 IN REVISION APPLICATION No.53 OF 2015 WITH CRIMINAL APPLICATION NO.58 OF 2015 IN REVISION APPLICATION No.53 OF 2015 Josika Marketing Private Limited .Applicants & anr.

Vs.

Serum International Limited .Respondents & anr.

Mr.P.D.Borkar, Advocate, for the Applicant Ms Yasmin Katpite i/b. Ms R. Amrolia, Advocate, for the Respondent No.2 Mr.Gurpreet Singh Jaspal Singh Kohli, Applicant No.2-in-person present CORAM :

REVATI MOHITE DERE, J.

DATE : 31.03.2016 P.C.

.

Heard learned counsel for the Applicants and the learned counsel for the Respondent No.2.

2.

The parties have amicably settled the dispute and have tendered Consent Terms entered into by them. The said Consent Terms are taken on record and marked as "X" for identification. 3.

Clause 7 of the Consent Terms reads thus :- "In view of the Respondent No.1 having received from the Applicant Nos.1 & 2, the entire amount of compensation of Rs.75,00,000/- granted to the Respondent No.1 vide Order dated 28.01.2011 and confirmed vide Order dated 29.01.2014, being the amount payable by the Applicant Nos.1 & 2 towards their total liability of Rs.74,14,149.07 (Rupees Seventy Four Lakhs Fourteen Thousand One Hundred Forty Nine and Seven Paise Only), the Respondent No.1 has No Objection if the Judgment And Order passed by the Ld.

Metropolitan Magistrate 28th Court at Esplanade, Mumbai in Criminal Case No.3748/SS/2005 is set aside and the above referred Criminal Revision Application filed by the Applicants is disposed off in terms of these Consent Terms filed between the Parties

hereto."

4.

Accordingly, the Judgment and Order dated 28.01.2011 passed by the learned Metropolitan Magistrate's 28th Court, Esplanade, Mumbai in C.C.No.3748/SS/2005 is quashed & set aside and the Criminal Revision Application is disposed of in terms of the Consent Terms filed by the parties.

5.

In view of disposal of the Revision Application, the Cri.Appln.Nos.57 & 58 of 2015 do not survive and the same stand disposed of accordingly.

(REVATI MOHITE DERE, J.)