Skm Steels Ltd. v. Regional Director For Maharashtra And Goa

3 WP1476-23.DOC Mohite

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TRUSHA TUSHAR MOHITE ORDINARY ORIGINAL CIVIL JURISDICTION TRUSHA TUSHAR MOHITE Date: 2024.02.03 14:16:33 +0530 WRIT PETITION NO. 1476 OF 2023 SKM Steels Ltd.

... Petitioner

Versus

Regional Director for Maharashtra and Goa & Ors.

...Respondents

Mr.Feroze Patel a/w Mr.Neer Karia i/b M/s.Markand Gandhi and Co. for the Petitioner Mr.Ramesh Mistry, Authorised representative of the Petitioner Mr.Vijay Salokhe i/b M/s.BLAC & Co. for the Respondent No.1 (RBI) Smt.P.H.Kantharia, G.P. a/w Smt.Jyoti Chavan, Addl.G.P. for the State / Respondent No.2 Mr.Malhar Zatakia a/w Mr.Ayush Chaddha i/b M/s.AZB & Partners for the Respondent No.3 Mr.Milan Chitalia, Authorised Signatory of Respondent No.3 _______________________

CORAM:

G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.

DATED:

30 January, 2024 _______________________ P.C.

1.

This Petition, under Article 226 of the Constitution of India, although filed praying for diverse reliefs, today, the learned counsel for the Petitioner and the learned counsel for Respondent No.3 have approached the Court to contend that the dispute between the Petitioner and the Respondent No.3 will stand settled in view of the Consent Terms dated 30th January 2024 entered between the parties, a copy of which is placed on record. Parties have agreed that they shall now proceed to sign the documents that may be required to give effect to the Consent Terms. To this effect, there is a clause in paragraphs 4 and 5 of the Consent Terms.

30 January, 2024

3 WP1476-23.DOC 2.

It is now informed by the learned counsel for the Petitioner that merely because the present Petition is pending, the Respondent No.2, Joint Sub Registrar, Panvel could not be approached to Register the documents. Now, as the disputes are settled, the parties intend to approach the Joint Sub Registrar, Panvel, to present the Deed of Release of Equitable Mortgage for its registration.

3.

We are of the opinion that if the parties submit such documents and present themselves before the said authority, the authority shall take such appropriate steps to register the documents as may be permissible in law. 4.

All contentions in that regard are expressly kept open. 5.

We dispose of the Petition keeping on record the Consent Terms as arrived at between the Petitioner and Respondent no.3. (FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.) 30 January, 2024