Mr. Arvind Shamji Chheda v. Mr. Maxie Joaquim Francis Fernandes And ANR

rng 901-AO260.16.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.260 OF 2016 with CIVIL APPLICATION NO.338 OF 2016 Arvind Shamji Chheda ..

Appellant vs Maxie Fernandes & anr ..

Respondents Mr.Harish Trivedi I/b M/s Divya Shah & Co for Appellant Mr.Utsav Salunke for Respondent no.1 Ms.Bhoir for Respondent Corporation Parties present in Court ..

CORAM: G.S.KULKARNI, J DATE : 23 DECEMBER 2016 P.C.

1.

Not on Board. Taken on Board on a praecipe as moved on behalf of the appellant.

2.

As observed in the earlier order dated 15.11.2016 learned counsel for the parties have tendered consent terms arrived between the appellant and respondent no.1. It is stated that the dispute between the parties has been resolved in terms of the consent terms. Consent terms are signed by the respective parties as also they are signed by their concerned Advocates. It is stated that parties are present in Court and they are identified by their respective Advocates appearing for them.

rng 901-AO260.16.14.odt There is no dispute on the signature which are made on the consent terms. Accordingly, consent terms are taken on record and marked 'X' for identification.

3.

Appeal from Order is disposed of in terms of consent terms. Undertaking as recorded in para nos. 2,4,5,6, 7 and 8 are accepted. Civil Application No.338 of 2016 also do not survive and is accordingly disposed of.

4.

In view of the consent terms, learned counsel for the appellant seeks leave to delete respondent no.2-Municipal Corporation as respondent in this Appeal. Accordingly, permission is granted to delete the respondent-Municipal Corporation. Amendment to be carried out during the course of the day.

{G.S.KULKARNI, J}