Bombay High CourtFA/1092/2019disposed offdismissed for default

Pawan Uttamrao Narhare And ANR v. Bajrang Govindlal Zanwar

2019-03-27Hon'Ble Shri Justice V.L. Achliya2 pages

FA 1092/19 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 948 FIRST APPEAL NO.1092 OF 2019 PAWAN UTTAMRAO NARHARE AND ANOTHER

VERSUS

BAJRANG GOVINDLAL ZANWAR ...

Advocate for Appellants : Gundre Suraj V.

Advocate for respondent: Dr.Miss.Supriya Pansambal CORAM: V.L. ACHLIYA, J.

DATE: 27.03.2019 PER COURT :

1] Learned counsel for the appellants and the respondent submit that the parties have decided to amicably settle the matter. The consent terms tendered are taken on record and marked as "X" for identification. 2] The appellants as well as the respondent are present alongwith their respective Advocates. The parties are identified by their respective Advocates. The appellants and the respondent present in the Court admit the contents of compromise terms filed and prepared as per the settlement arrived at between them. They admit their respective signatures and state that they have voluntarily signed the consent terms after fully understanding the contents thereof.

3] The claimant - respondent present submits that he has settled the claim for Rs.1,20,000/- as against the award passed by the Tribunal in his favour for the amount of Rs.1,82,000/- together with interest as against the appellants. He further submits that the amount of Rs.1,20,000/- is received by him.

FA 1092/19 - 2 - 4] The consent terms entered between the parties appears to be voluntary and out of free will. Accordingly, the following order is passed.

O R D E R

A] Admit.

B] Learned counsel for the respondent waives notice for the respondent.

C] The appeal is disposed of in terms of consent terms marked as "X".

D] The award is modified in terms of compromise.

E] The amount of Rs.25,000/- deposited by the appellants as statutory deposit be returned to the appellants.

F] The appellants will be entitled to claim refund of Court fees to the extent permissible under the law.

G] The appeal is disposed of in above terms with no order as to costs.

(V.L. ACHLIYA, J.) ndk/c273198.doc