Gillan F. Irani And Others. v. Smt. Ratanbai M. Mundroina And ORS.
1 901 WP 1552-97 & 4886-97.doc Sequeira
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1552 OF 1997 Rusi Manekshaw Mundroina and another.
... Petitioners Vs.
Gillan Faramroze Irani and others ... Respondents And WRIT PETITION NO. 4886 OF 1997 Gillan Faramroze Irani and others ... Petitioners Vs.
1(a) Rusi M. Mundroina and another ... Respondents Mr.Hasmit Trivedi i/b Vikrant D.Shetty, for Petitioners inW.P. No. 1552 of 1997 and Respondent in W.P. No.4886 of 1997. M.Yasmin E.Tavaria a/w Mr.Abhishek Yadav i/b Mr.Sandeep R.Waghmare, for Petitioners in W.P. No. 4886 of 1997 and Respondents in W.P. No.1552 of 1997.
Mr.Noshir Mundroina, Petitioner No.2 present in Court. Marzban Gillan Irani, Respondent No.2 present in Court. CORAM : M. S. SONAK , J.
Date : 29th November, 2018.
2 901 WP 1552-97 & 4886-97.doc P.C. :
The learned counsel for the parties handed Consent Terms in Writ Petition No.1552 of 1997. The same are taken on record and marked as 'X' for purpose of identification. 2.
The Consent Terms state that Rusi Mundroina has since expired. The learned counsel for the Petitioner states that the Petitioners, as set out in the Consent Terms are no longer interested in pursuing the present Petition. The Consent Terms have been signed by Petitioner No.2 who is present in Court and who states that he has willingly signed these Consent terms after understanding their entire scope and import.
3.
The Consent Terms have also been signed by Mr.Marzban Gillan Irani, the authorised signatory on behalf of Late Ardeshir Khodadad Irani Charity Fund (Trustee). Mr.Irani is present in the Court and he states that he is authorised to sign these Consent Terms. He states that the trustees have understood the scope and import of the Consent Terms.
4.
The Consent Terms are accepted. The undertakings, if any, are also accepted as undertakings to the Court. Writ Petition No.1552 of 1997 is disposed of in terms of the Consent Terms. 5.
The clause (7) of the Consent Terms states that the
3 901 WP 1552-97 & 4886-97.doc Respondents agree to withdraw the Writ Petition No.4886 of 1997. 6.
The learned counsel for the Respondents, who are the Petitioners in Writ Petition No.4886 of 1997 accordingly seek leave to withdraw the Writ Petition No.4886 of 1997. 7.
Leave is granted and Writ Petition No.4886 of 1997 is also disposed of as withdrawn.
8.
Accordingly, both the Writ Petitions are disposed of in the aforesaid terms. No order as to costs.
(M. S. SONAK, J.)