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Bombay High CourtIA/16244/2023disposed off

Sunil Trading Company, Mumbai And ORS. v. Deepak Mehta Proprietor Of Mehta And Sons

2024-03-22Hon'Ble Shri Justice Kishore C. Sant2 pages

(502)-FAST-9476-23.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BALAJI GOVINDRAO PANCHAL FIRST APPEAL STAMP NO.9476 OF 2023 BALAJI GOVINDRAO PANCHAL Date: 2024.03.27 10:49:03 +0530 WITH INTERIM APPLICATION NO.16244 OF 2023 WITH INTERIM APPLICATION NO.16243 OF 2023 Sunil Trading Company, Mumbai & Ors.

..Appellants

Versus

Deepak Mehta Proprietor of Mehta & Sons ..Respondent Mr. Manoj G. Agre i/by G. B Kedia, for the Appellants. Mr. Pareshtar Parakh i/by Saswati Deb, for the Respondent. Mr. Sunil Kedia, partner of Appellant No.1 - present. Mr. Deepak Mehta, Respondent - present.

CORAM : KISHORE C. SANT, J.

DATE : 22nd MARCH, 2024 P.C.

1.

Both the parties have placed on record consent terms signed by both the parties. The partner of Appellant No.1/ Mr. Sunil Kedia is present in the Court and accepts the consent terms. As per the consent terms, the amount deposited in this Court Rs.2,50,000/- pursuant to order dated 29th January, 2013 is to be refunded to the Appellant along with interest, if any, accrued thereon. 2.

In view of the above, the Appeal stands disposed of. The decree is satisfied and the same is confirmed. BGP.

(502)-FAST-9476-23.doc.

3.

The Prothonotary and Senior Master, High Court, Bombay and/or Registrar, City Civil Court, as the case may be, is directed to pay the said amount to the Appellant along with interest, if any, accrued thereon.

4.

The said exercise be done within four weeks from today. 5.

In view of the same, Application for condonation of delay and any other pending Application, if any, stand disposed of. 6.

Parties are entitled to receive the Court fee as per the rules.

[KISHORE C. SANT, J.] BGP.