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Bombay High CourtCRR/1/2022disposed off

Diana Tyagi v. Raj Tyagi

2023-08-28Hon'Ble Shri Justice Amit Borkar3 pages

Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION 4343 OF 2021 NIKITA KAILAS DARADE Diana Tyagi ... Petitioner V/s.

Raj Tyagi ... Respondent NIKITA KAILAS DARADE Date: 2023.08.29 15:02:25 +0530 WITH COURT RECEIVER'S REPORT NO.12 OF 2021 IN WRIT PETITION 4343 OF 2021 Diana Tyagi ... Petitioner V/s.

Raj Tyagi ... Respondent WITH INTERIM APPLICATION NO.2660 OF 2021 IN WRIT PETITION 4343 OF 2021 Raj Tyagi ... Applicant In the matter between Diana Tyagi ... Petitioner V/s.

Raj Tyagi ... Respondent WITH COURT RECEIVER'S REPORT NO.17 OF 2021 IN INTERIM APPLICATION NO.2660 OF 2021 IN WRIT PETITION 4343 OF 2021 Raj Tyagi ... Applicant In the matter between Diana Tyagi ... Petitioner V/s.

Raj Tyagi ... Respondent

WITH SUPPLEMENTARY REPORT NO.1 OF 2022 IN COURT RECEIVER'S REPORT NO.17 OF 2021 IN INTERIM APPLICATION NO.2660 OF 2021 IN WRIT PETITION 4343 OF 2021 Raj Tyagi ... Applicant In the matter between Diana Tyagi ... Petitioner V/s.

Raj Tyagi ... Respondent Ms. Taubon F. Irani for the petitioner in WP/4343/2021.

Mr. Prashant Pandey with Mr. Dinesh Jadhwani, Mr. Irfan Unwala, Mr. Ashish Jain and Dipsy Sequira i/by W3Legal LLP for the respondent in WP/4343/2021. Mr. S.K. Dekhale, Court Receiver, High Court, Mumbai, is present.

Mr. M.S. Patil, ASO, Office of Court Receiver is present. CORAM :AMIT BORKAR, J.

DATED :AUGUST 28, 2023 P.C.:

1.

Petitioner is present in Court.

2.

Learned advocate for the petitioner and learned advocate for the respondent jointly states that the parties are filing consent terms. In view of the consent terms, the petitioner does not intend to prosecute the writ petition. Clause 2(a) and 2(b) of the consent

terms deal with discharge of the court receiver. Consent terms are taken on record.

3.

In view of the consent terms, the court receiver stands discharged without further account.

4.

The writ petition is disposed of in view of the consent terms filed by the parties.

5.

In view of disposal of the writ petition, interim application stands disposed of as infructuous.

6.

The Court receiver shall de-freeze the flat within before 12.00 noon tomorrow, subject to payment of charges of the court receiver by the petitioner without passing accounts. 7.

The Court Receiver'

s Report No.12 of 2021, and 17 of 2021 stands disposed of without further accounts.

8.

Supplementary Report No.1 of 2023 also stands disposed of subject to payment of costs by the petitioner to the Court Receiver without passing accounts.

(AMIT BORKAR, J.)