Brihan Mumbai Mahanagar Palika v. Smt.Apsari Begum Kaimuddin Shaikh And ORS.

Priya Soparkar 1 20 fast 7490-18 with ca 987-18 and 988-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT Digitally signed by PRIYA RAJESH SOPARKAR Date:

2022.03.16 16:11:53 +0530 PRIYA RAJESH SOPARKAR CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO.7490 OF 2018 WITH CIVIL APPLICATION NO.987 OF 2018 AND CIVIL APPLICATION NO.988 OF 2018 Brihan Mumbai Mahanagar Palika ... Appellant Vs.

Smt. Apsari Begum Kaimuddin Shaikh and ors.... Respondents ------- Mr.Hemal i/by M/s Navdeep Vora & Associates for the Appellant. Mr.Manoj Sonawane for Respondent Nos.1 to 4.

------- CORAM : ABHAY AHUJA, J.

(HEAD OF THE PANEL) V.V. PATIL, REGISTRAR (INSPECTION-I), MEMBER R.V. WANWADI, DEPUTY REGISTRAR (INSPECTION-I), MEMBER DATE : 12TH MARCH 2022 P.C. :

Not on board. Mentioned by praecipe.

1.

Learned counsel for the respondents tenders Vakalatnama authorizing him to appear on behalf of the said respondents.

Priya Soparkar 2 20 fast 7490-18 with ca 987-18 and 988-18.odt 2.

The counsel for the parties tender across Consent Terms dated 12th March, 2022 which are t.o.r. and marked 'X' for identification. They are signed by the parties and their counsel. 3.

The counsel for the parties identified the respective clients who have admitted the contents of the Consent Terms. 4.

In view of the above settlement arrived at between the parties, the delay in filing the First Appeal is hereby condoned. 5.

In paragraph No.3 of the consent terms it is recorded that the respondents would be permitted to withdraw amount of Rs.3,45,000/- in the manner set out therein. 6.

The Tribunal is directed to make over this amount in the manner set out above to the respondents. The remaining amount with accrued interest lying with the Tribunal to be refunded to the appellant undertaking.

Priya Soparkar 3 20 fast 7490-18 with ca 987-18 and 988-18.odt 7.

The statutory deposit, alongwith interest if any, shall be made over to the Tribunal which shall pass appropriate orders for payment.

8.

The Judgment and Award dated 24th July, 2015 to be modified accordingly.

9.

Refund of court fees as per rules.

10.

The Appeal is disposed of in view of the Consent Terms, with no order as to costs.

11.

In view of the disposal of the First Appeal, the Civil Applications do not survive and are disposed of. (R.V. WANWADI) (V.V. PATIL) (ABHAY AHUJA, J.)