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Bombay High CourtFA/48/2016disposed offdismissed for default

Vaishali Narendra Sharma And Others v. M. Jagannathan Munichappan And Others

2018-08-14Hon'Ble Shri Justice V.L. Achliya2 pages

923-FA-48-16.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 FIRST APPEAL NO. 48 OF 2016 WITH FA/1036/2017 WITH FA/861/2018 VAISHALI NARENDRA SHARMA AND OTHERS

VERSUS

M. JAGANNATHAN MUNICHAPPAN AND OTHERS ...

Advocate for Appellants : Mr. Nimbalkar Aniruddha A Advocate for respondent No.3: Mr. S.S. Chapalgaonkar holding for Mr. S.P. Chapalgaonkar Advocate for respondent No.7: Mr. S.P. Shah ...

CORAM : V.L. ACHLIYA, J.

DATED : 14th AUGUST, 2018.

PER COURT:- 1.

The appellants and respondents No.6-A, 6-B and respondent No.7 are personally present along with their respective counsels and tendered the compromise pursis. The compromise pursis is taken on record and marked as 'X' for identification.

2.

Parties to compromise pursis, admit there respective signatures on the compromise pursis and further admit the contents of the compromise pursis are recorded truly and correctly as per the compromise arrived at between the parties. The compromise pursis is also signed by the counsels representing parties. The parties present

923-FA-48-16.odt (2) submits that they have entered into settlement voluntarily and they are coerced or forced to settle the matter. They further admit that in terms of the settlement, the appellants shall receive 75% of the amount of compensation awarded and 25% amount shall be paid to respondents No.6-A, 6-B and respondent No.7. The respondents No.6-A, 6-B submits that the entire amount of 25% payable be paid to their mother i.e. respondent No.7 - Mrs.Ashabai Rameshchandra Sharma.

3.

The compromise arrived between the parties appears to be genuine. Accordingly, the terms of compromise are accepted. The First Appeal is allowed and disposed of in terms of compromise pursis. The award passed by the Tribunal stands modified in above terms of compromise.

4.

The First Appeals stand disposed of in above terms, with no order as to costs. Award be drawn accordingly.

(V.L. ACHLIYA, J.) Sameer/Aug-18