Nitin Nerurkar v. Bhatikar Model High School Rep. By Its Chairman R. S. Kamat And 2 ORS.,

Niti

IN THE HIGH COURT OF BOMBAY AT GOA

LETTER PATENT APPEAL NO.3 OF 2014 NITIN NERURKAR ... APPELLANT

Versus

BHATIKAR MODEL HIGH SCHOOL REP. BY ITS CHAIRMAN R. S. KAMAT AND 2 ORS.

... RESPONDENTS Mr Parikshit Sawant, Advocate for the Appellant. Mr G.K. Sardessai with Ms S. Bangera, Advocates for Respondent Nos.1 & 2.

Mr Prashil Arolkar, Additional Government Advocate for Respondent No.3.

CORAM:

M. S. SONAK & BHARAT P. DESHPANDE, JJ.

DATE :

27th JUNE 2023 P.C. :

1.

Learned Counsel for the appellant and respondent nos.1 & 2 hand in Consent Terms which are taken on record and marked as 'X' for identification.

2.

The Consent Terms are signed by the appellant and on behalf of respondent nos.1 & 2. The Advocates for the appellant and

respondent nos.1 & 2 have also signed the Consent Terms and identified the parties.

3.

Mr Arolkar, appearing for respondent no.3 - State, states that the Consent Terms have been shown to the Deputy Director (Legal). Accordingly, he states that there is no difficulty in accepting the Consent Terms. He further states that the respondent no.3 will honour the Consent Terms and shall release whatever the payments that are legally due to the appellant.

4.

The Consent Terms spell out the agreement between the parties. The agreement is not opposed to public policy. The appellant, who is present in the Court, confirms having signed the Consent Terms after understanding their full scope and import. Similarly, the Consent Terms are also signed by the Chairperson of respondent nos.1 & 2. The Chairperson is also present in the Court and states that he has signed the Consent Terms after understanding their full scope and import.

5.

There is no reason not to accept the Consent Terms and dispose of the Letter Patent Appeal. Accordingly, the Consent Terms are accepted and the Letter Patent Appeal is disposed of in terms of the Consent Terms.

6.

Based upon the Consent Terms, respondent nos.1 & 2 will forward the necessary payment papers to the respondent no.3 - State. The State must process the same and clear whatever amounts that are legally payable to the appellant, as expeditiously as possible and preferably within three months.

7.

The question of law raised in this Letter Patent Appeal, is however, left open for consideration in an appropriate case. 8.

Letter Patent Appeal stands disposed of accordingly. Misc. Civil Applications, if any, do not survive and they are also disposed of. BHARAT P. DESHPANDE, J.

M. S. SONAK, J.

NITI K HALDANKAR Date: 2023.06.27 16:19:00 +05'30'

NITI K HALDANKAR