Mr. Ashok S/O. Motilal Saraogi v. Shree Thirthankar Company And ORS

VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition No. 1961 OF 2017 WITH Civil Application No. 1533 OF 2017 WITH Civil Application No. 357 of 2017 WITH Writ Petition No. 1962 of 2017 WITH Civil Application No. 358 of 2017 with Civil Application No. 1534 of 2017 Mr. Ashok S/o. Motilal Saraogi ...

Petitioner

Versus

Shree Thirthankar Company And Ors ...

Respondents *** Mr. R. R. Verma, for the Petitioner / Applicant. Mr. Ashok M. Saraogi, the Petitioner / Applicant in person present. Mr. S. R. Bhalekar, for Respondent No. 1.

*** CORAM : M. S. SONAK, J.

DATE : SEPTEMBER 13, 2017 PC :

1.

The learned counsel appearing for the Petitioner on the basis of instructions from the Petitioner, who is present in the Court, seeks leave to withdraw both the petitions. Leave is granted and the 1 / 3

petitions are disposed of as withdrawn.

2.

In view of disposal of Writ Petition Nos. 1961 of 2017 and 1962 of 2017, civil applications filed therein, viz. Civil Application Nos. 1533/2017, 357/2017 and 358/2017 and 1534 / 2017 respectively, do not survive, and are accordingly disposed of. 3.

The learned counsel appearing for the Petitioner on the basis of instructions from the Petitioner states that some settlement proposal can be offered to the Respondent - landlord, and it would be in the interest of justice to refer the matter to the mediation. The learned counsel appearing for Respondent No. 1 submits that at present he has no instruction. He submits that such a proposal can always be made before the trial court and if the parties agree, matter can be referred to mediation. Accordingly, parties are at liberty explore the possibility of amicable settlement, if necessary by referring the matter to mediation. The trial court, if satisfied and if consented by both the parties, may refer the matter to the mediation. 4.

The time for deposit of arrears in terms of impugned order is further extended by six weeks from today. Petitioner to 2 / 3

deposit the arrears in terms of the impugned order within a period of six weeks from today. Petitioner shall be entitled to the credit of the amount, already deposited by him, pursuant to the order of this Court dated 14th December, 2016.

Sd/- [M. S. SONAK, J.] Vinayak Halemath 3 / 3