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Bombay High CourtCAF/1438/2017disposed off

Satyam Enterprises,A Firm Thr.Its Sole Prop. Kantilal Damji v. M/S.Navyug Dal Mill And ORS

2023-04-13Hon'Ble Shri Justice Prithviraj K. Chavan3 pages

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.512 OF 2017 a/w CIVIL APPLICATION NO.1438 OF 2017 IN FIRST APPEAL NO.512 OF 2017 M/s. Satyam Enterprises ] Appellant Vs.

M/s. Navyug Dal Mill and others ] Respondents a/w FIRST APPEAL NO.513 OF 2017 a/w INTERIM APPLICATION NO.2174 OF 2023 IN FIRST APPEAL NO.513 OF 2017 Nishuvi Corporation ] Appellant Vs.

Messrs Navyug Dal Mill ] and others ] Respondents .....

Mr. Jagdish S. Hegde, for Appellant in First Appeal No.512 of 2017 and for Respondent No.6 in First Appeal No.513 of 2017. Mr. P.G. Karande i/b Mr. P.G. Sawant, for Appellant in First Appeal No.513 of 2017 and for Respondent No.6 in First Appeal No.512 of 2017.

Mr. Nitin Shukla, for Respondent Nos. 1, 2A, 2B, 3 to 5 in both the First Appeals.

Mr. S.K. Dhekade, Court Receiver present.

.....

SHAILAJA SHRIKANT SHRIKANT HALKUDE Date 2023 04 17 18 01 58

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 13th April, 2023.

P.C.

1.

First Appeal No.512 of 2017 and Civil Application No.1438 of 2017 in First Appeal No.512 of 2017 are not on board. Taken on board.

2.

Learned Counsel for the parties submit that the dispute has been amicably settled between the appellants and the respondents in view of the consent terms. Consent terms are tendered on record. The said consent terms are signed by the respective parties as well as by their learned respective Counsel. The said consent terms are taken on record and marked "X" for identification. 3.

In view of the consent terms, the appeals stand disposed of. 4.

A decree in terms of the recitals of the consent terms be drawn.

5.

Parties to bear their respective costs.

6.

Costs of the Court Receiver will be borne by the appellant in First Appeal No.513 of 2017.

7.

Liberty to Mr. Shukla, learned Counsel to file Vakalatnama on behalf of legal representatives of respondent Nos. 4 and 5. 8.

In both the appeals, the Court Receiver stands discharged without passing the account.

9.

In view of disposal of main appeals, Interim Application No.2174 of 2023 in First Appeal No.513 of 2017 and Civil Application No.1438 of 2017 in First Appeal No.512 of 2017 stand disposed of.

[PRITHVIRAJ K. CHAVAN, J.]