Akbar Malik And 2 Others v. M/S Bombaywala, Nagpur Through And Represented By Its Partner, Shri Govind Gehimal Mirapuri And Or

0906cao168.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAO) No.168 of 2017 In Misc. Civil Application (W) No.1118 of 2016 (D) In Writ Petition No.2695 of 2016 (D) (Akbar Malik and others v. M/s. Bombaywala and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri R.L. Khapre, Advocate for Applicants.

Coram : R.K. Deshpande and S.B. Shukre, JJ.

Date : 9 th June, 2017 Shri Khapre, the learned counsel appearing for the applicants, has invited our attention to the following portion appearing in para 13 of the order under review : "13.

... On the contrary, what they are saying is that the terms of compromise no longer bind them. This hostile attitude towards the terms of settlement disentitles them to any relief from this Court in this review petition." Shri Khapre submits that it was not the case putforth by the applicants that the terms of compromise no longer bind them. We wish to clarify at this stage that what is meant by this Court is that the existence of road in the Scheme is not binding upon the

0906cao168.17.odt applicants. This Court has further observed that "this hostile attitude towards the terms of settlement disentitles them to any relief from this Court in this review petition." Obviously, this is the adjudication by this Court, and hence the question of deleting such portion does not arise.

The civil application is dismissed.

Judge Judge.

Lanjewar