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Bombay High CourtCA/7885/2014disposed offdismissed for default

Vijaykumar Dashrath Wani And Others v. Dungesrsing Hiralal Rajpurohit And Others

2016-06-08Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

mub 1 arb.ap 05.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ARBITRATION APPLICATION NO. 5 OF 2014 WITH CIVIL APPLICATION NO. 7885 OF 2014 1.

Vijay Kumar Dashrath Wani Age: 40 years, Occ: Business, R/o A-702, Athene Co-op. Hsg.

Society Ltd., Lodha Paradise, Eastern Express Highway, Majiwada, Thane (W) 400 601.

2.

Dashrath Nathu Wani Age: 65 years, Occ: Business, 3.

Sau. Shakuntala Dashrath Wani Age: 60 years, Occ: Business 4.

Sanjay Dashrath Wani, Age: 38 years, Occ: Business (Applicant nos. 2 to 4 R/o Flat No.1 Building No.2, Bhikamchand Jain Nagar, Pimprala Road, Jalgaon.

...

Applicants Vs.

1.

Dungersingh Hiralal Rajpurohit Age: 38 years, Occ: Business, R/o Plot No. 17231/B, Behind Teg bahadur School, Osmanpura, Aurangabad.

2.

Sunil Lalchand Sharma Age: 54 years, Occ: Business, R/o Plot No.15, Sadgurukripa Hsg. Society, N-8/B, Cidco, Aurangabad.

3.

Mukesh Jagdish Sahuji, Age: 34 years, Occ: Business, R/o Sukhsagar, S.B. Colony, Aurangabad.

...

Respondents ----

mub 1 arb.ap 05.14.odt Mr. S.D. Kulkarni, Advocate for the applicants. Mr. H.A. Bajaj h/f Mr. A.S. Bajaj, Advocate for the respondents. ---- CORAM : SUNIL P. DESHMUKH, J.

DATE : 08-06-2016.

Per Court :

1.

Learned counsel submits that the parties have amicably settled the matter in terms of the deed of note. 1.

Learned counsel for the parties tender across a deed of compromise duly verified before the competent officer. They have identified the parties entering into compromise. Learned counsel state that terms of compromise act are legal and are not forbidden by any law. The terms of compromise are reasonable and equitable. All the parties with all solemnly have entered into compromise. They have agreed to the terms appreciating, understanding and interpreting the same.

2.

The learned counsel further submits that the parties are before this court and respective counsel have identified their clients. In view of the aforesaid, the arbitration application stands disposed of in terms of compromise as appearing in the deed. Civil application disposed of.

(SUNIL P. DESHMUKH) JUDGE