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Bombay High CourtWP/5354/2017disposed off

Vvc Pharma And Sepcially Chemicals Pvt Ltd. v. Pradip Rajaram Puri And ANR

2017-12-21Hon'Ble Shri Justice A. K. Menon2 pages

hcs 902.w5354.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5354 OF 2017 VVC Pharma & Speciality Chemicals Pvt. Ltd.

.. Petitioner.

Vs.

Pradip Rajaram Ambre & Ors.

.. Respondents.

Mr. Aashish Kamat i/b Ms.Megha Chandra with Mr.Sanjay Gawde for the petitioner.

Ms. Ishwari Sabadra i/b Ms.Seema Chopra for respondent no.1. Ms. Vaishali Nimbalkar AGP for respondent no.3. Respondent No.1 present in person.

CORAM : A.K. MENON, J.

DATED : 21ST DECEMBER, 2017 P.C. :

1.

By this writ petition, the petitioner challenges the judgment and order dated 12th August, 2015 by which the respondent was ordered to be reinstated with full backwages. A revision filed by the petitioner - company was also rejected by an order dated 31st August, 2016. These two orders are assailed in this writ petition. However, at the stage of admission the parties have arrived at a compromise and they have settled their dispute. They tender consent terms. In effect, respondent no.1 - Mr.Pradeep R. Amre, who is present in the Court and has confirmed having understood and signed the 1/2

902.w5354.17 consent terms states that he has agreed to accept Rs.90,000/- in full and final settlement and he has no other claim. He does not want to be reinstated or seek any backwages. By consent, the parties, therefore, seek that the order dated 12th August, 2015 be set aside. The consent terms are signed by the parties and their Advocates. The petitioner no.1 has authorised petitioner no.2 by a resolution dated 21st November, 2013 which includes power to settle and file the consent terms. Accordingly, I pass the following order : (i) There will be order in terms of the consent terms. The impugned order dated 12th August, 2013 is set aside. In view thereof there is no reason to interfere with the order dated 31st August, 2016 since it will not take effect. (ii) The petition is disposed of in the above terms. (iii) No costs.

(A.K. MENON,J.) 2/2