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Bombay High CourtWP/119/2015disposed off

Integrated Spaces Ltd. v. The Municipal Corporation Of Greater Mumbai And 8 Others

2015-09-14Hon'Ble Shri Justice V.L. Achliya,Hon'Ble Shri Justice A.S. Oka2 pages

75) wp119-15 sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.119 OF 2015 Integrated Spaces Ltd.

..Petitioner.

V/s.

The Municipal Corporation of Greater Mumbai and Ors.

..Respondents.

Mr. Bipin Jayantilal Joshi for the petitioner. Mrs.Geeta Jogalekar for respondent No.1 - BMC. Responent Nos. 2 - 6 personally present in the Court. Mr.H.K.Vazirani and Ms. Pushpa H.Goswami for respondent Nos.7 to 9. CORAM : A.S.OKA AND V.L.ACHLIYA, JJ.

DATED : 14TH SEPTEMBER, 2015 P.C. :- 1.

The petitioner and the second respondent have tendered across the bar, the minutes of consent terms signed by and between them. The minutes of consent terms are signed by authorized Director of the petitioner as well as respondent Nos.2 to 6. The learned counsel appearing for the petitioner has signed the consent terms. The respondent Nos.2 to 6 are personally present in the Court. The learned counsel for the petitioners identified their signatures. The said minutes of consent terms are taken on record and marked 'A1' for identification.

2.

The learned counsel appearing for the petitioner 1/2

75) wp119-15 and the learned counsel appearing for respondent Nos.7 to 9 have also tendered the minutes of consent terms by and between them. The same are taken on record and marked and marked 'A2' for identification. The said minutes have been signed by the authorized Director of the petitioner and the respondent Nos.7 to 9 as well as their respective Advocates. 3.

The learned counsel appearing for the petitioner submits that the petition be disposed of in terms of the said minutes of consent terms. We accordingly dispose of the petition in terms of minutes of consent terms marked as 'A1' and 'A'2 for identification.

4.

We make it clear that the first respondent municipal corporation is not a party to the minutes of consent terms tendered on record and, therefore, the first respondent shall not be bound by what is stated in the consent terms recorded by the either parties.

5.

Subject to what is observed above, the petition is disposed of in terms of the minutes of consent terms marked 'A1' and 'A2' accordingly.

(V.L.ACHLIYA, J.) (A.S.OKA. J.) 2/2