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Bombay High CourtCRA/357/2014compromisedconsent terms

Shri Nirath Shankar Rao v. Shamoonbhai Dawoodbhai Mala And ORS.

2016-06-13Hon'Ble Shri Justice Rajesh G. Ketkar3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.357 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Dr.Santosh D. Raje a/w. Madhura V. Dalvi, Advocate for Applicants.

Mr. S.G. Bhandary, Advocate for Respondent No.4.

CORAM : R. G. KETKAR, J.

DATE : 13/06/2016 P.C.:

1.

Heard Dr.Raje, learned Counsel for the applicants and Mr.Bhandary, learned Counsel for respondent No.4.

2.

Learned Counsel appearing for the parties have tendered consent terms duly signed by the applicants and their Advocate as also by respondent No.4 and his Advocate. Same is taken on record and marked 'X' for identification. Mr.Raje states that the applicants are present in the Court.

Mr.Bhandary states that respondent No.4, the

2/3 5.CRA.357-14.doc sole respondent, is also present in the Court. Parties admit and confirm the correctness of the consent terms. Under the consent terms, respondent No.4 has agreed to pay Rs.17,00,000/- to the applicants and upon receipt of said amount, the applicants have agreed to vacate and remove the tin-shed put up by them and hand over vacant premises to respondent No.4. Undertaking given by the applicants in para-5 of the consent terms is accepted.

3.

After hearing learned Counsel for the parties and after perusing the consent terms, I am satisfied that the controversy between the parties is lawfully settled in terms of the consent terms.

4.

Mr.Bhandary has handed over a cheque bearing No.073581 dated 13.6.2016 drawn on Central Bank of India, Dadar (West) Branch to the applicants' Advocate. Mr.Raje acknowledges receipt of said cheque and assures that during

3/3 5.CRA.357-14.doc course of the day, the applicants will deposit that cheque in their account.

5.

In view thereof, list the application on 17.6.2016 at 3:00 p.m., to ensure that the cheque is realized.

(R. G. KETKAR, J.) Deshmane(PS)