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Bombay High CourtCRIA/44/2018settled

Mario Melbon I. D'Costa., v. Christino Fernandes And ANR.,

2021-09-25Presiding Officer, Lok Adalat2 pages

27 CRIA 44 of 2018.doc Jose

IN THE HIGH COURT OF BOMBAY AT GOA

GOA STATE LEGAL SERVICES AUTHORITY NATIONAL LOK ADALAT Sitting:- 25th September, 2021 Panel - 1: SHRI JUSTICE R. M. S. KHANDEPARKAR, (FORMER JUDGE OF HIGH COURT OF BOMBAY AT GOA) PRESIDING OFFICER & SHRI SURENDRA DESSAI, (SENIOR ADVOCATE) MEMBER & SHRI KAIF NOORANI, (ADVOCATE) MEMBER CRIMINAL APPEAL NO.44 OF 2018 MARIO MELBON I. D'COSTA VS CHRISTINO FERNANDES AND ANR.

... Appellant.

... Respondents.

Mr. D. Pusekar, Advocate for the Appellant.

Mr. Siddharth Samant, Advocate for Respondent No.1. M I N U T E S 1.

Mr. D. Pusekar, Advocate present for the Appellant and Mr. Siddharth Samant, Advocate present for Respondent No.1. Appellant also present in person.

2.

The learned Advocate for the Respondent No.1 states that the Respondents would pay the total amount of Rs.24,00,000/- along with interest at the rate of 12% per annum to be counted from this day 25th September 2021

27 CRIA 44 of 2018.doc onwards. The total amount would be paid on or before 31.03.2022 in two installments of Rs.12,00,000/- each; first installment would be paid by 31.12.2021 and the second installment would be paid by 31.03.2022. In case the Respondents fail to pay the amount, the Appellant would be entitled to start the execution proceedings against the Respondents. With this, the parties have settled the matter, and therefore, request the disposal of the appeal in the above terms. Accordingly, appeal is disposed of in the above terms. The Respondents to pay the amount accordingly, failing which the Appellant shall be entitled to initiate the execution proceedings.

3.

There is a civil suit pending which is bearing No.31/2009/A in the Court of Civil Judge Senior Division at Margao. The learned Advocate for the Appellant undertakes to withdraw the said suit the moment the entire amount is paid by 31.03.2022. We accept the said undertaking on behalf of the Appellant. The matter accordingly stands disposed of in the above terms.

SHRI JUSTICE R. M. S. KHANDEPARKAR, (FORMER JUDGE OF HIGH COURT OF BOMBAY AT GOA) PRESIDING OFFICER & SHRI SURENDRA DESSAI, (SENIOR ADVOCATE) MEMBER & SHRI KAIF NOORANI, (ADVOCATE) MEMBER 25th September 2021