Nisha Prakash Chawla v. Poonam Vashu Chawla And ORS

Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO. 12119 OF 2022 WITH WRIT PETITION NO. 6494 OF 2023 Nisha Prakash Chawla .. Petitioner

Versus

Poonam Vashu Chawla & Ors.

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

 Mr. Rahul Soman a/w Mr. Ayaz Bilawala and Ms. Dhanashree Gaikaiwari i/by Bilawala & Co for Petitioner  Ms. Kinjal Kakkad i/by Mr. Jayesh Vyas for Respondent Nos. 3, 4 & 5 in WP/12119/2022 & Respondent Nos. 2, 3 & 4 in WP/6494/2023  Mr. Herbert A. Noronha for Respondent Nos. 1a & 1b  Ms. Snehal Modi for Respondent No. 6  Mrs. B.S. Thakur, Master (Adm.) and Mr. L.V. Madgundi, Representatives of Court Receiver present ...................

CORAM : MILIND N. JADHAV, J.

DATE : MARCH 7, 2024 P. C.

:

1.

Heard learned Advocates appearing for the parties. 2.

Parties have reconciled their dispute and filed Consent Terms seeking to dispose of both Civil Writ Petitions. Consent Terms dated 07.03.2024 are taken on record and marked "X" for identification. Consent Terms are executed by the parties whose signatures are appended at page Nos. 22 to 24 of the Consent Terms. Defendant No. 2 incidentally is not present before me who has signed the Consent Terms. Her signature is identified by Advocate Ms. Kinjal Kakkad. I

have interacted with her on video call on the phone of her Advocate and she confirms her signature on the Consent Terms while reciprocating in English language. Their signatures are identified by the learned Advocates who have also appended their signatures on the Consent Terms.

3.

Consent Terms totally run into 54 pages including annexures thereto. Annexures are the agreed drafts of the rights and obligations of the parties as per the terms arrived at between the parties. Text of the Consent Terms upto the execution clause run into 24 pages and the same are scanned and reproduced hereunder for immediate reference:-

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.

Registry of this Court is directed to comply with the terms as appearing in clause 7(iv)(a) and (b).

6.

Directions in so far the Court Receiver is concerned are contained in paragraph Nos. 8, 9 and 13 to 15 of the Consent Terms. Representatives of the Court Receiver are present before me today. Court Receiver is directed to comply with the terms contained in paragraph Nos. 8, 9 and 13 to 15 of the Consent Terms. By order dated 04.03.2023 in Chamber Summons No. 1246 of 2022 in Suit No. 4511 of 2011, the learned City Civil Court has discharged the Court Receiver. In view of the Suit proceedings being custodia legis before passing of the order dated 04.03.2023 and in view of the terms arrived herein, the order dated 04.03.2023 is quashed and set aside. Court Receiver stands restored in respect of the suit premises. Court Receiver shall be discharged after compliance of the obligations as agreed upon by the parties in the present Consent Terms. Both Suits viz; BCCC Suit No. 4511/2011 and RAE Suit No. 1002/2022 are

stayed as agreed between the parties in the Consent Terms and shall revive only on non-compliance of the terms by the parties. 7.

Municipal Corporation of Greater Mumbai (MCGM) is directed that on the Application made by the Plaintiff and Defendant No. 2 as stated in paragraph No. 7(i) of the Consent Terms, subject to all compliances in law, MCGM shall renew / transfer Licence No. 761463153 in favour of the firm as stated therein within a period of six weeks from the date of making of that Application strictly in accordance with law..

8.

Similarly MCGM is also directed that on the Application for the second renewal / transfer as provided for in clause 7(iv)(g) of the Consent Terms, as the case may be, being made by Respondent No. 6 and co-owners / landlords, MCGM shall subject to all compliances renew / transfer the license in favour of the firm as stated therein within a period of six weeks from the date of making of that Application strictly in accordance with law.

9.

Considering that the subject matter of the dispute between parties is with respect to renewal / transfer of the health license in respect of the suit premises, the reference to MCGM shall be read as MCGM including the Medical Health Officer of MCGM, "A" Ward, Mumbai and / or any other appropriate officer concerned.

10.

As stated in the Consent Terms in paragraph No. 7(iii), the Statutory Authorities i.e. Electricity Supplier, Telephone Department, MCGM etc. shall co-operate with the parties in accordance with law on being approached by the parties for the purpose of availing their services for renewal / transfer of any utility in respect of the suit premises which are the subject matter of renewal / transfer by virtue of the renewed / transferred licence as stated in the Consent Terms. 11.

As stated in clause 7(iv)(a) of the Consent Terms, demand draft No. 419101 dated 06.03.2024 of Rs. 50,00,000/- in the name of Registrar, Bombay High Court has been shown to the Court. Demand draft is seen by the Court and returned back to the Advocate for Respondent No. 6. Registry is directed to accept the said demand draft handed over by the parties along with an authenticated copy of this order tomorrow i.e. on 08.03.2024 and comply as per the Consent Terms.

12.

All concerned Authorities / parties are directed to act on an authenticated copy of this order.

13.

Both the Writ Petitions stand disposed in terms of the Consent Terms as agreed upon by the parties. No order as to costs. Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2024.03.07 19:43:25 +0530 RAVINDRA MOHAN AMBERKAR