P S Chouhan v. Royal Western Indian Turf Club Ltd. And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO.595 OF 2019 IN APPEAL (L) NO. 301 OF 2019 IN NOTICE OF MOTION NO.1705 OF 2018 IN SUIT NO.961 of 2018 WITH APPEAL (L) NO.301 OF 2019 WITH SUIT NO.961 OF 2018 WITH NOTICE OF MOTION NO.1705 OF 2018 IN SUIT NO.961 OF 2018 Pradeep S. Chouhan ...

Applicant/Orig. Plaintiff In the matter of :

Pradeep S. Chouhan ...

Appellant/Orig. Plaintiff Vs Royal Western India Turf Club Limited and Ors.

...

Respondents Mr.Janak Dwarkadas, Senior Counsel a/w Ms.Rishika Harish i/b Ms.Sonu Tandon for the Applicant/Appellant.

Mr.Dinyar Madon, Senior Counsel, Mr.V.K.Shiralkar, Ms. Yashoda Desai for Respondent Nos.1 and 3.

Mr.Milan Luthria-Managing Committee Member present.

Mr.Shujat Hussain- Stipendiary Steward representing Respondent No.1-Royal Western India Turf Club Ltd. Present.

CORAM :- S. C. DHARMADHIKARI & G.S.PATEL, JJ.

DATE :- JUNE 14, 2019 P.C. :- 1.

After this appeal was fully argued in the afternoon session and we dictated the judgment in the open Court and were about to reach the conclusion, a suggestion was given to both sides to explore the possibility of an amicable settlement. That would not only be an overall settlement which will put an end to this Appeal, but also the suit itself.

2.

We are happy to note that after deliberations and discussions in open Court in the presence of the appellant as also the representatives of the respondent/original defendant No.1, the parties have agreed that the Suit and the Appeal before us would stand disposed of by a substitution of order dated 23rd April 2018 of the Board of Appeal in the following terms: (a) The appellant's Jockey's License will now suspended with effect from 25th July 2019 to 24th October 2019. (b) In so far as clause (b) of the order of the Board of

Appeal dated 23rd April 2018 is concerned, the period of suspended sentence shall stand substituted as three months instead of six months, but that will take effect after 24th October, 2019.

(c) The Notice of Motion in Appeal, the Appeal, the Notice of Motion in Suit and the Suit all stand disposed of by this order.

(d) Refund of Court Fees as per rules.

3.

There will be no order as to costs.

4.

All parties to act on an authenticated copy of this order.

(G.S.PATEL, J.) (S.C.DHARMADHIKARI, J.)