Bombay High CourtWP/11761/2015disposed off

Mr. Jayant Madan Mohan Kaushal v. Mrs. Shyama Jayant Kaushal

2017-07-26Hon'Ble Shri Justice K.K. Tated2 pages

503 wp11761-15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11761 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Devrat Singh a/w Mr.Amar Bhatt i/b M/s.Lawfin and Associates for the Petitioner Mr.Datta Mane a/w Ms.Radhika Samant and Ms.Shyama Kaushal for the respondent Jayant Madan Mohan Kaushal, petitioner present in person Shyama Jayant Kaushal, respondent present in person CORAM : K. K. TATED, J.

DATE : JULY 26, 2017 P.C.:

Not on board. At the request of Advocate for the petitioner, matter is taken on board for urgent orders.

Advocate for the petitioner filed praecipe dated 25.7.2017 for withdrawal of the petition as the dispute is settled between petitioner and respondent before the Family Court at Thane in Petition A-344 of 2012.

Heard the learned counsel for the parties.

Mohite 1/2

503 wp11761-15 The learned counsel for the respondent submits that petitioner deposited sum of Rs.1,00,000 in the Registry of this court pursuant to the order dated 17.12.2015 passed by this court (Coram: M.S.Sonak, J.). He submits that respondent be permitted to withdraw the said amount with accrued interest.

Advocate for the Petitioner submits that they have no objection if said amount is allowed to be withdrawn by the said respondent.

Respondent is entitled to withdraw sum of Rs.1,00,000 with accrued interest if any, without furnishing any security and or undertaking.

Both the counsel tendered copies of Consent Terms dated 8.6.2017 filed by them before the Family Court in Petition A-344 of 2012. Same is taken on record and marked 'X' for identification. Both the counsel submit that in view of Consent Terms filed by both the parties before the Family Court, petitioner may be permitted to withdraw the present Writ Petition. Same is allowed.

Writ Petition stands disposed of as withdrawn.

No order as to costs.

(K.K.TATED, J.) Mohite 2/2