Dr. Harsha W/O Vinod Bhatia v. Manoj Maneklal Sheth And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 606 OF 2022 WITH INTERIM APPLICATION NO. 9805 OF 2022 Dr. Harsha w/o. Vinod Bhatia ...

Appellant (Orig. Defendant No.4)

Versus

Manoj Maneklal Sheth & Ors.

... Respondents Mr. A.M. Saraogi for the Appellant.

Mr. Amit A. Tungare for Respondent Nos. 1 and 2. Mr. G.R. Manav for Respondent No.7.

CORAM : R.I. CHAGLA, J.

DATED : 30th NOVEMBER, 2022.

ORDER :

Parties have settled their disputes. Consent Terms dated 30.11.2022 of settlement between the Appellant, Respondent Nos.1 to 5 and added Respondent No.7 has been tendered and is taken on record and marked 'X' for identification.

This has been signed by the Appellant, Respondent Nos.1 to 3 and Power of Attorney Holder of Respondent Nos.4 and 5 and added Respondent No.7 along with the Advocates for the Appellant, Respondent 1/3

Nos.1 and 2 and Respondent No.7.

By these Consent Terms the parties have agreed for the impugned judgment and decree dated 09.05.2022 passed by the City Civil Court, Dindoshi in S.C. Suit No.602 of 2015 to be quashed and set aside by this Court. This is subject to payment and realization of an amount of Rs.1,00,00,000/- by Respondent Nos.1 and 2 which has been deposited with this Court and which shall be paid over to Respondent Nos.1 and 2 in equal share.

In clause 4 of the Consent Terms, Respondent Nos.1 and 2 have agreed, confirmed and undertaken to this Court to file appropriate affidavit in quashing proceedings and/or get the F.I.R. No.21 of 2020 under Section 420 r/w Section 34 of the I.P.C. registered by Malad Police Station compounded quashed and shall co-operate in all respect against all the accused therein.

The undertakings, if any, in the Consent Terms being accepted as undertakings to the Court.

In view of the Consent Terms, disposal of the First Appeal in accordance with these Consent Terms has been sought. Accordingly, First Appeal stands disposed of in accordance 2/3

with the Consent Terms.

In view of the disposal of the First Appeal, Interim Application does not survive and is accordingly disposed of. A soft copy of the Consent Terms will be uploaded as the second order in the matter.

The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course. Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application.

of this order.

(R.I. CHAGLA, J.) Digitally signed by WAISHALI SUSHIL WAGHMARE Date:

2022.12.03 14:47:17 +0530 WAISHALI SUSHIL WAGHMARE 3/3