Janakraj Agrawal (Huf) v. Satyam B And C Wing Coop Premises Ltd.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8605 OF 2014 Janakraj Agrawal (HUF) .. Petitioner

Versus

Satyam B & C Wing Coop Premises Ltd.

.. Respondents WITH CIVIL APPLICATION NO.2832 OF 2014 IN WRIT PETITION NO.8605 OF 2014 Satyam B & C Wing Co-op. Premises Ltd .. Applicant In the matter between Janakraj Agarwal (HUF) .. Petitioner versus Satyam B & C Wing Co-op. Premises Ltd.

.. Respondent.

ALONG WITH WRIT PETITION NO.8607 OF 2014 Janakraj Agrawal (HUF) .. Petitioner

Versus

Satyam B & C Wing Coop Premises Ltd.

.. Respondents WITH CIVIL APPLICATION NO.2834 OF 2014 IN WRIT PETITION NO.8607 OF 2014

Satyam B & C Wing Co-op. Premises Ltd .. Applicant In the matter between Janakraj Agarwal (HUF) .. Petitioner versus Satyam B & C Wing Co-op. Premises Ltd.

.. Respondent.

Shri. Vinay J. Hegde, for the Petitioner.

Shri. B. G. Tangsali, for the Respondent No.1. CORAM : R.M. SAVANT, J.

DATE : 27th MARCH, 2015 P.C.

1.

The Learned Counsel for the parties i.e. Shri. Vinay J. Hegde for the Petitioner and Shri. B. G. Tangsali for the Respondent society tender the Memorandum of Understanding (For short "MOU") dated 23.03.2015 evidencing the settlement which has been arrived at between the parties. The MOU has been signed by the Karta of the Petitioner i.e. Janakraj Agrawal (HUF) and on behalf of the society by the Chairman Mr. Sharad Oak and by the Secretary and by two witnesses i.e. Mr. Jaikumar Panjwani and Mr. N. Sankaran. The Karta of the Petitioner Dr. Gorakhnath Agrawal is personally present in Court as also Mr. Kulwant Singh the Secretary of the Respondent society. Both of them when queried state that the said MOU has been signed by them of their own free will and volition

and that the said MOU is acceptable to both of them. The Learned Counsel for the parties prayed that the above Petition be disposed of in terms of the said MOU dated 23.03.2015. The said MOU is accordingly taken on record and marked 'X' for identification. The above Petitions are accordingly disposed of in terms of the said MOU. The office is directed to refund the amount of Rs.7,96,167/- which has been deposited by the Petitioner in this Court pursuant to the order dated 13.10.2014 to which refund the Learned Counsel for the Respondent has no objection. The above Writ Petitions are accordingly disposed of in terms of the said MOU. In view of the disposal of the above Writ Petitions, Civil Application Nos.2832 of 2014 and 2834 of 2014 do not survive and the same to accordingly stand disposed of as such. [R.M. SAVANT, J]