Dtm Constructions (India Ltd) Thr. Its Director And ANR v. Sunil Hariprasad Jejani, Nagpur And Others

2024:BHC-NAG:8162 2-CAF 1677-24 in FA 439-10.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH , NAGPUR CIVIL APPLICATION (CAF) NO. 1677 OF 2024 IN FIRST APPEAL NO. 439 OF 2010 (D) DTM CONSTRUCTIONS (INDIA LTD) THR. ITS DIRECTOR AND ANR -Vs. - SUNIL HARIPRASAD JEJANI, NAGPUR AND OTHERS Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Apurva De, Advocate for applicants/appellants. CORAM : SANJAY A. DESHMUKH , J.

DATED : 29/07/ This is an application for issuance of appropriate directions i.e. for withdrawal of the amount under award. 2.

Perused the application.

3.

The learned counsel for the appellants submits that on the ground of pecuniary jurisdiction, the appeal was remanded back to the lower Court. He further submits that, during the pendency of the matter, the compromise took place between the parties and compromise decree was passed by the First Appellate Court in RCA No. 577/2012. The copy of terms of settlement and order passed on thereon along with compromise decree is annexed along with the present application.

4.

Considering the reasons stated in the application, the application deserves to be allowed and it is allowed as prayed for.

2-CAF 1677-24 in FA 439-10.odt 5.

Registry is directed to pay the amount deposited in this Court along with accrued interest thereon to the appellants.

6.

Accordingly, the application stands disposed of. (SANJAY A. DESHMUKH, J.) B.T. Khapekar