Tata Motors Limited v. Ajmuddin Babulal Tamboli And ANR.

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3003 OF 2005 Tata Motors Limited .. Petitioner

Versus

Ajmuddin Babulal Tamboli and Anr.

.. Respondents ....................

 Mr. H. N. Vakil a/w. Mr. Samkit Shah i./by Mulla & Mulla and Craigie Blunt & Caroe, Advocates for Petitioner.  Mr. Amjad Khan, Advocate for Respondent No.1. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : DECEMBER 05, 2023 P.C.

:

1.

Heard Mr. Vakil, learned Advocate for Petitioner and Mr. Khan, learned Advocate for Respondent No.1.

2.

Parties have reconciled their disputes and filed Consent Terms dated 05.12.2023. The same are taken on record and marked 'X' for identification. The Consent Terms are executed by Mr. Kuldeepsinh Garud, GM (Legal), Tata Motors Ltd., Petitioner; Partner for M/s. Mulla & Mulla & C.B & C., learned Advocate for Petitioner; Mr. A. B. Tamboli, Respondent and Mr. Amjad J. Khan, learned Advocate for Respondent.

3.

Consent Terms are running into 3 pages. For the sake of reference and convenience, Consent Terms are scanned and reproduced below:-

4.

The parties are present before me and they confirm the execution of the Consent Terms and state that they shall abide by the obligations mentioned in the Consent Terms. All rights and contentions mentioned in Consent Terms are taken as undertaking given to this Court.

5.

As delineated in paragraph No.2 of the Consent Terms cheque of Rs.3,00,000/- favouring Respondent No.1 has been handed over to the Respondent No.1.

6.

That apart, as agreed by the parties, Respondent No.1 shall be entitled to withdraw the entire amount of Rs.5,39,145/- alongwith accrued interest thereon from the date of its deposit which has been

deposited in this Court by the Petitioner.

7.

Learned Advocate for Respondent No.1 is permitted to make Application alongwith an authenticated copy of this order to the Department / Registry. Respondent No.1 shall provide the necessary details of his Bank account to the Registry in the Application seeking withdrawal of the amount.

8.

Registry of this Court is directed to immediately remit the entire amount i.e. Rs.5,39,145/- alongwith all accrued interest thereon in the Bank account of Respondent No.1 within a period of one week from the date of receiving such an Application positively. 9.

Order in terms of Consent Terms.

10.

In view of the above, Writ Petition is disposed. H. H. SAWANT [ MILIND N. JADHAV, J. ] HARSHADA HANUMANT SAWANT Date: 2023.12.05 19:07:23 +0530 HARSHADA HANUMANT SAWANT