Quadrant Communications Ltd. v. Cajetan D Souza

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3022 OF 2006 Cajetan D'Souza .. Petitioner

Versus

M/s. Quadrant Communications Ltd.

.. Respondent ALONGWITH WRIT PETITION NO.556 OF 2007 Quadrant Communications Ltd.

.. Petitioner

Versus

Cajetan D'Souza .. Respondent Mr. Mahendra Agvekar i/by Mr. Rajesh Gehani for the Petitioner in Writ Petition No.3022 of 2006 & for Respondent in Writ Petition No.556 of 2007.

Mr. K. P. Anilkumar for Petitioner in Writ Petition No.556 of 2007 & for Respondent in Writ Petition No.3022 of 2006. CORAM : R. M. SAVANT, J.

DATE : 29th SEPTEMBER, 2016 P.C.

The above Petitions are shown at Sr. No.218 on the final hearing board. The Learned Counsel for the parties i.e. Mr. Mahendra Agvekar instructed by Mr. Rajesh Gehani and Mr. K. P. Anilkumar appearing for the Petitioner in companion Writ Petition No.556 of 2007 requested for the above Petitions to be taken up as the parties have settled the matter and were filing Consent Terms. Accordingly the Petitions were taken up for hearing out of turn.

The Learned Counsel for the parties have tendered Consent Terms bearing today's date i.e. 29.09.2016 evidencing the settlement arrived at between the parties. The said Consent Terms have been signed by the Petitioner in Writ Petition No.3022 of 2006 and the Petitioner in Writ Petition No.556 of 2007 i.e. Mr. Cajetan D'Souza and Mr. Milind Patil (Senior Manager, Accounts). The Consent Terms have also been signed by the Learned Advocates Mr. Mahendra Agavekar on behalf of Mr. Rajesh Gehani and Mr. K. P. Anilkumar for the Petitioner in Writ Petition No.556 of 2007. The Learned Counsel also pray that the above Petitions be disposed of in terms of the Consent Terms.

The Petitioner Mr. Cajetan D'Souza when put in the box and queried states that the Consent Terms are acceptable to him and that he has signed them of his own free will and volition. Mr. Milind Patil when put in the box and queried states that he has read the Consent Terms and that they are acceptable to the Respondent, Quadrant Communications Ltd. and that he has signed the Consent Terms pursuant to the authority given by the said Quadrant Communications Ltd. The Learned Counsel Mr. K. P. Anilkumar appearing for the Petitioner in Writ Petition No.556 of 2007 i.e. Quadrant Communications Ltd. has given Demand Draft drawn on ICICI Bank, Nariman Point,

Mumbai dated 14.09.2016 for a sum of Rs.5,00,000/- to Mr. Cajetan D'Souza in terms of paragraph 5 of the Consent Terms. The Petitioner Mr. Cajetan D'Souza has accepted the said Demand Draft in full and final settlement of his dues. The Consent Terms are taken on record and marked as "X" for identification. The Petitions are accordingly disposed of in terms of the Consent Terms. Rule to accordingly stand discharged with no orders as to costs.

[R.M.SAVANT, J]