Udha Alidas Thadani (Decd.) By Heirs v. Raju L.Gidwani And ORS.

1 / 3 WP/4690/2002 Tapadia RR/B.9

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4690 OF 2002 WITH CIVIL APPLICATION NO. 1321 OF 2016 IN WP/4690/2002 Udha Alidas Thadani and Ors.

..Petitioners.

Vs Raju L. Gidwani and Ors.

.. Respondents Mr. Raval Shah, Advocate for Petitioners.

Mr. H.T.Pawar, Advocate for Respondent no.3. CORAM : R.G.KETKAR,J.

DATE : 18/08/2016 PC:

1.

Heard Mr. Raval Shah, learned counsel for the petitioners and Mr. H.T.Pawar, learned counsel for respondent no.3. 2.

Learned counsel for the petitioners and respondent no.3 have tendered Consent Terms 18.8.2016 duly signed by the parties and their Advocates. They seek leave to amend the Consent Terms so as to incorporate clause 10 to the effect that the parties undertake to abide by the Consent Terms. Leave to amend, as prayed for, is granted. Amendment shall be carried out in the Consent Terms forthwith. The Consent Terms are taken on record and marked "X" for identification.

3.

Learned counsel for the petitioners states that all the petitioners are present in the Court. He has tendered photocopies

2 / 3 WP/4690/2002 of Pan Cards of (1) Padma Udharam Thadani, (2) Kishore Udharam Thadani and (3) Rajesh Udharam Thadani, and Roma Mukhi. The same are taken on record and marked "Y" Collectively for identification.

4.

Mr. Pawar states that respondent no.3-Inakshi Dilip Bhatia and her brother Raju Lalchand Gidwani are present in the Court. He has tendered photocopies of Pan Cards of respondent no.3 Inakshi Dilip Bhatia and her brother Raju Lalchand Gidwani. The same are taken on record and marked "Z" Collectively for identification.

5.

Mr. Shah states that he has handed over four Manager's Cheques issued by HDFC Bank in favour of respondent no.3Inakshi Dilip Bhatia (2 Manager's Cheques) and her brother Raju L. Gidwani (2 Manager's cheques) in the sum of Rs, 1,40,00000/-. Mr. Pawar acknowledges receipt of the said cheques. Parties admit and confirm the correctness of the Consent Terms. Learned counsel for the parties jointly submit that the Petition may be disposed of as dismissed in terms of the Consent Terms. 6.

After perusing the Consent Terms, I am satisfied that the controversy between the parties is amicably settled. In view thereof, Petition stands disposed of as dismissed in terms of the Consent Terms. Undertaking given by the parties to abide by the Consent Terms, is accepted. Order accordingly. Rule is

3 / 3 WP/4690/2002 discharged with no order as to costs.

7.

In view of disposal of the main petition, Civil Application No.1321 of 2016 in Writ Petition No. 4690 of 2002 does not survive and the same is disposed of.

(R.G.KETKAR, J.)