Kushal Golecha And ANR. v. Chairman/Secretary Ladhabhai Mansion And 3 ORS.

905-wpl 3979-18 psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L.) NO.3979 OF 2018 Shri. Kushal Golecha & Anr.

..Petitioners Vs.

Chairman/Secretary, Ladhabhai Mansion CHSL & Ors.

..Respondents ----- Mr.Amogh Singh with Ms.Rameshwari Dubey i/b. Mr.Ajay Dubey for Petitioners.

Mr.Sameer Sawant for Respondent No.1.

Mr.S.B. Gore, AGP for State.

----- CORAM :

G.S. KULKARNI, J.

DATE :

6th DECEMBER, 2018 P.C.:

After this petition was heard for some time, learned Counsel for the parties on instructions of their respective clients state that the parties have agreed to resolve the issues amicably. Learned Counsel for the parties submit that an amount of Rs.1 Lakh was already deposited by the petitioners with respondent No.2 and the same is yet to be withdrawn. It is mutually decided between the parties that the society would be permitted to withdraw the said amount of Rs.1 Lakh deposited with the respondent No.2 and in addition to it, as a full and final settlement between the parties under recovery certificate dated 11 April 2016, the petitioners shall pay further amount of Rs.50,000/- to the respondent

905-wpl 3979-18 No.1-society within a period of two weeks from today. 2.

The statement as made on behalf of the petitioners in this regard is accepted as an undertaking to the Court. In view of the above mutual consensus between the parties, it is recorded that the recovery certificate dated 11 April 2016 stands satisfied. The authorities thus need not take any further proceedings in pursuance of the recovery certificate as the disputes and differences between the parties stand resolved. 3.

It is clarified that the above order is passed by the Court in the peculiar facts and circumstances of the case and the same shall not be treated as a condition precedent.

4.

The writ petition stands disposed of in the above terms. No costs. [G.S. KULKARNI, J.]