The Western Coalfields Limited, Wani Area Chandrpaur Through Its Area General Manager v. Gopal Madhao Rakhunde (Dead) Through Lrs. Kawdu Gopal Rakhunde And Others

(1) fa1002.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO. 1002/2023 WCL Ltd. .vs. Gopal Madhao Rakhunde, dead thr. LRs. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. C. S. Samudra, Advocate for appellant.

Mr. S. O. Ahmed, Advocate for respondent nos. 1 and 2. Mrs. H. Prabhu, A.G.P. for respondent nos. 3 and 4. CORAM :

ANIL L. PANSARE, J.

DATE :

15.02.2024 On previous date, following order was passed. "Heard.

2.

Mr. Rohit Meshram, Deputy Manager, Community Development Department, representing the Appellant/WCL is present. The Respondent No.1 Kawdu Gopal Rakhunde is present. The learned Counsel for the Respondent Nos.1 and 2 submits that the Respondent No.2 Hari Gopal Rakhunde, who is brother of the Respondent No.1, has suffered cardiac arrest and has been hospitalized.

3.

The Respondent No.1, who is present in Court, states that the Respondents are agreeable to let go 10% increase per year granted by the reference court.

4. The terms of compromise could not, however, be submitted today, as the Respondent No.2 is hospitalized. The learned Counsel seeks time to submit terms of compromise on the next date.

5. The Respondent No.1 and the representative of the Appellant/WCL are exempted from appearance on the next date.

6. The learned Counsel for the Respondent Nos.1 and 2 makes a request to permit the Respondent

(2) fa1002.23 No.2 to appear through the Power of Attorney. Permission granted.

7.

Stand over to 15th February, 2024 under the caption of 'Settlement'."

Mr. Rajendra Hari Rakhunde, son of respondent no.2, is present. The power of attorney executed by respondent no.2 in his favour is annexed with the application as document no.4. He states that settlement has been willingly arrived at without any influence and coercion. The terms of compromise have been noted in paragraphs 2 (a) to 2 (k). The application is signed by the parties and their counsels.

In view of above, the appeal is disposed of in terms of the compromise, if there is no other legal impediment. Decree be drawn up accordingly.

(Anil L. Pansare, J.) Kahale