Bhagwan Wadhwani And ANR v. Pashmina Realty Private Limited And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by PALLAVI MAHENDRA WARGAONKAR Date:

2023.03.04 10:45:17 +0530 CIVIL APPELLATE JURISDICTION PALLAVI MAHENDRA WARGAONKAR SECOND APPEAL (ST) NO.27868 OF 2022 Bhagwan Wadhwani and Anr.

...Appellants

Versus

Pashmina Realty Private Limited and Ors.

...Respondents

WITH INTERIM APPLICATION NO.407 OF 2023 IN SECOND APPEAL (ST) NO.27868 OF 2022 WITH INTERIM APPLICATION NO.1860 OF 2023 IN SECOND APPEAL (ST) NO.27868 OF 2022 Bhagwan Wadhwani and Anr.

...Appellants

Versus

Pashmina Realty Private Limited and Ors.

...Respondents

 Mr. Siddhesh Bhole a/w Ahmed Padela i/b. SSB Legal & Advisory, for the Appellants/Applicants.

 Ms. Sayali Diwadkar i/b. DSK Legal for the Respondents.  Mr. Bhagwan Wadhwani Appellant No.1 - present.  Ms. Nirmala Wadhwani Appellant no.2 - present.  Mr. Amit Jha, Director, Respondent No.2 - present. CORAM : MADHAV J. JAMDAR, J.

DATE : 3rd MARCH 2023 P.C. :

1.

Mr. Siddhesh Bhole, learned counsel appearing for the Appellants and Ms. Sayali Diwadkar, learned counsel appearing for 1/3

the Respondents state that the matter has been settled between the parties. The Appellants and the Respondent No.2 i.e. Amit Jha, Director of Respondent No.1 are personally present in the Court. The Appellant No.1 and the Respondent No.2 who are present in the Court confirm that the Second Appeal has been compromised and the Consent Terms are entered into between the parties. 2.

The Consent Terms are executed by the Appellants and Mr. Amit Jha on behalf of Respondent No.1.

3.

Mr. Amit Jha, Director of Respondent No.1 is the authorised signatory vide Board Resolution dated 3rd December 2022. The said Board Resolution is also annexed to the Consent Terms. Both the learned counsel identifies the respective signatures of Appellant and Respondent No.1.

4.

The Consent Terms are also signed by the respective Advocates of the Respondents. The Consent Terms are taken on record and marked 'X' for identification. The undertakings in the Consent Terms are accepted.

5.

Second Appeal is disposed of in terms of the Consent Terms. 6.

This Court places on record the appreciation of the work done by Mr. Kedar Dighe, learned counsel of this Court who has acted as 2/3

Mediator.

7.

Second Appeal is disposed of in above terms with no order as to costs. In view of disposal of the Second Appeal, nothing survives in the Civil Application and the same is also disposed of. [MADHAV J. JAMDAR, J.] 3/3