M/S.Kaygee Engineering Pvt. Ltd. v. Balasaheb Baburao Hunchimare And ANR.

2023:BHC-AS:28236 Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8483 OF 2006 Kaygee Engineering Pvt. Ltd.

..Petitioner

Versus

Balasaheb Baburao Hunchimare and Anr.

..Respondents WITH CIVIL APPLICATION NO. 1661 OF 2012 IN WRIT PETITION NO. 8483 OF 2006 Balesha Baburao Hunchimare ..Applicant

Versus

Kaygee Engineering Pvt. Ltd.

..Respondent ....................

 Mr. Kiran Bapat, Senior Advocate a/w. Mr. Gaurav Gawande i/by M/s. Desai & Desai Associates for Petitioner.  Mr. Avinash R. Belge i/by Mr. Nitin Kulkarni, Advocate for Respondent.

...................

CORAM :MILIND N. JADHAV, J.

DATE :SEPTEMBER 25, 2023.

P.C.:

1.

Not on Board. Mentioned. Taken on Board.

2.

Heard Mr. Bapat, learned Senior Advocate for Petitioner and Mr. Belge, learned Advocate for Respondent.

3.

Parties have reconciled their disputes and amicably settled the issues between them and filed Consent Terms dated 25.09.2023 which are taken on record and marked "X" for identification. They are executed by Advocate for Petitioner and by Petitioner and Respondent. They are signed by Petitioner; Advocate for Petitioner and

Respondent. They confirm execution of the Consent Terms. 4.

Consent Terms are running into 2 pages. For the purpose of convenience, Consent Terms are scanned and reproduced below for reference:-

5.

The obligations and undertakings given in the Consent Terms are accepted as undertaking given to this Court. 6.

Petitioner - Company undertakes to pay the amount of Rs.2,55,000/- towards full and final settlement as stated in Clause (B)

of the Consent Terms within a period of two weeks from today. 7.

Petitioner - Company is directed to do so without requesting for any further extension of time.

8.

Mr. Bapat would next submit and seek directions in terms of clause (F) of the Consent Terms to permit Petitioner to withdraw the amount which was deposited by the Petitioner at the time of admission of the Petition in the year 2007 in the account of the present Writ Petition. Petitioner is permitted to withdraw the monies which was deposited by the Petitioner - Company in compliance of order dated 10.10.2007 alongwith all accrued interest on complying with paragraph No.6 above. Necessary Application is permitted to be made by Petitioner's Advocate alongwith copy of this order and proof of receipt of having paid the amount of Rs.2,55,000/- to the legal heirs of the deceased Respondent as per the Consent Terms. 9.

Once the above is submitted, the Registrar (Appellate Side) of this Court is directed to release the amount alongwith all accrued interest thereon in favour of Petitioner within a period of two weeks positively from the date of receipt of the Application. 10.

Order is passed in terms of the Consent Terms. 11.

In view of the above, Writ Petition is disposed.

12.

In view of disposal of the present Writ Petition, pending Civil Application No.1661 of 2012 does not survive and the same is also disposed.

[ MILIND N. JADHAV, J. ] Ajay