Monica Trading Pvt. Ltd. v. Sahil International And ANR

922.wp.16659.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition NO. 16659 OF 2023 Monica Trading Pvt. Ltd.

...Petitioner

Versus

Sahil International And Anr

...Respondent

____________________________________ Mr. J. P. Sen, Senior Advocate a/w. Mr. Gunjan Chaubey a/w. Mr. Vinay Kate for the Petitioner.

Mr. Rahul Talreja, for the Respondent No.2.

Mr. Vinayak Jadhav Authorised representative of Petitioner. Mr. Samir S. as authorised representative of Respondent Now. ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 8 MARCH 2024 P.C.:

1.

Yesterday when the matter was called out, the following order was passed. The said order is reproduced herein below :- "Mr.Behram-Kamdin, learned senior counsel appearing for the respondent no.2 submits that Mr. Samir Savjani is authorized by the Board Resolution dated 5 March, 2024 on behalf of the respondent no.2 - Company to appear in this matter, to appoint a lawyer and so also, to settle on behalf of the respondent no.2.

2. The board resolution dated 5 March, 2024 of the respondent no.2 - Company, is tendered by Mr. Behram-Kamdin to this Court. The same is taken on record and marked 'X' for identification.

3. Both the learned counsel jointly submit that the parties have amongst themselves decided to resolve Amol D. Nawale

922.wp.16659.2023.doc the issue by following terms :- (a) The respondent no.2 - Company will hand over possession of the suit premises to the petitioner today i.e. on 7 March, 2024 at 3.00 p.m.

(b) In consequence, the petitioner will forgo all their claims including the mesne-profit claimed if such possession is peacefully handed over today at 3.00 p.m."

2.

Mr. Sen, learned Senior Counsel for the petitioner submits that yesterday in the evening the possession of the suit premises was handed over to the petitioner by Mr. Samir Saujan who represented Respondent No.2.

3.

Mr. Talreja, learned counsel for Respondent No.2 agrees that the possession was handed over peacefully to the Petitioner yesterday in the evening.

4.

Mr. Sen, Senior Advocate has tendered a copy of the minutes of the order dated 8 March 2024.

5.

Mr. Sen and Mr. Talreja counsel submits that both the parties have signed the minutes of the order and further submits that the representative of both the parties are present before this Court.

6.

Order in terms of the minutes of the order dated 8 March 2024. The statement made in the minutes of the order are accepted as undertaking given to this Court.

7.

The writ petition is disposed of in terms of minutes of the order.

(RAJESH S. PATIL, J.) Amol D. Nawale