Gowardhan Motilal Bihani Through His Poa Bhushan Bihani v. The Minister Of Co Operation And Others

2024:BHC-AUG:3264 110-WP-11379-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10271 OF 2023 GOVARDAN MOTILAL BIHANI

VERSUS

STATE OF MAHARASHTRA THROUGH MINISTER AND OTHERS ...

Advocate for the Petitioner : Mr. A. A. Joshi h/f. Mr. Sharad V. Natu AGP for Respondents No.1 to 3 : Mr. A. S. Shinde Advocate for Respondent No.4 : Mr. A. V. Hon Advocate for Respondents No.5 to 11 : Mr. M. V. Salunke ...

WITH WRIT PETITION NO. 10260 OF 2023 WITH WRIT PETITION NO. 10232 OF 2023 WITH WRIT PETITION NO. 11381 OF 2023 WITH WRIT PETITION NO. 11380 OF 2023 ..

CORAM : S. G. MEHARE, J.

DATE : 12-02-2024 PER COURT :- 1.

Parties have submitted a settlement deed as if it is a by-law, determining the forum for future disputes. It also includes an Arbitration clause and counterparts. Various other clauses have been included in the settlement deed, which has no direct concern with the dispute. They had a simple about admitting and accepting the person as a member of Bharat Audyogik Sankul Sahkari Sanstha Maryadit, Ahmednagar. The Court should not accept the terms which are beyond the dispute. So, considering the nature of

110-WP-11379-23.odt the dispute, the settlement is accepted only in terms of Article-2, titled 'settlement', and Article-3, titled 'acceptance'. The rest of the contents are not accepted as settlement terms. 2.

In view of the agreement and acceptance of the settlement as observed above, all writ petitions stand disposed of. ( S. G. MEHARE ) JUDGE rrd