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Bombay High CourtARA/10/2015disposed off

Mr. Manmohan Anand And ORS. v. Mr. Nitin Keshav Bhosale Prop. Of Ranvir Enterprsies And ANR.

2024-04-17Hon'Ble Shri Justice Milind N. Jadhav18 pages

Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION CIVIL REVISION APPLICATION NO. 238 OF 2008 Nitin Keshav Bhosale .. Applicant

Versus

Manmohan Anand .. Respondent WITH ARA 10 OF 2015 ....................

 Mr. Surel Shah i/by Mr. Satyajeet P. Dighe for Petitioner in CRA/238/2008 & for Respondent No. 2 in ARA/10/2015  Mr. Avinash Vasantrao Joshi for Respondent Nos. 1 to 3 in CRA/238/2008  Mr. Abhishek Pungliya for Petitioners in ARA/10/2015 & for Respondent No. 1 in CRA/238/2008 ...................

CORAM : MILIND N. JADHAV, J.

DATE : APRIL 17, 2024 in Chamber at 4:30 p.m.

P. C.

:

1.

Heard learned Advocates appearing for the parties. 2.

Parties have reconciled their disputes and differences and filed Consent Terms. Consent Terms dated 17.04.2024 are taken record and marked "X" for identification. Consent Terms are executed by the parties as well as Advocates whose signatures are appended at Page No. 15 of the Consent Terms.

3.

Consent Terms totally run into 58 pages including annexures. Text of the Consent Terms upto the execution clause run into 15 pages Corrected / Modified Order as per Speaking to the Minutes of Order passed on 25.04.2024 1 of 18

and the same are scanned and reproduced herein under for immediate reference:- Corrected / Modified Order as per Speaking to the Minutes of Order passed on 25.04.2024 2 of 18

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4.

Rights and obligations as stated in the Consent Terms are taken as undertaking given to this Court by all concerned parties who shall be obligated with the same.

5.

In view of the terms and conditions in the Consent Terms and more specifically Clause G(i), Suit No. 766 of 2007 shall accordingly be withdrawn on compliance of the obligations stated in the Consent Terms.

6.

Registry of this Court is directed to ensure compliance of the contents of Clause B(i) and B(ii). It is clarified that the amounts shall be released to the Applicant on specific compliance of the contents of clause B(i) and B(ii) and appropriate orders in respect of the said compliance shall be placed before the Registry by the Applicant. 7.

It is clarified that the amounts which are mentioned in Clause A(ii) shall be deposited by way of Demand Draft with the Registry. 8.

In view of this order, Arbitration Appeal No. 10 of 2015 filed and pending between the parties shall also stand disposed. 9.

Present Civil Revision Application is disposed of in terms of the Consent Terms as agreed upon by the parties.

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10.

Liberty to apply.

11.

Parties are directed to act on a server copy of this order which shall be uploaded on the website of this Court. Amberkar [ MILIND N. JADHAV, J. ] Digitally signed by RAVINDRA MOHAN AMBERKAR Date:

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