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Bombay High CourtCOMAP/2/2019disposed of

J. Sundeep Anand And ANR., v. Mukesh Jain.,

2023-01-25Hon'Ble Shri Justice M. S. Sonak,Hon'Ble Shri Justice Bharat P. Deshpande2 pages

202-COMAP-2-2019.DOC Maria S.

IN THE HIGH COURT OF BOMBAY AT GOA

COMMERCIAL APPEAL NO.2 OF 2019 J. Sundeep Anand And Anr.

... Appellants

Versus

Mukesh Jain ....Respondent Mr S. S. Kantak, Senior Advocate with Mr Jitendra P. Supekar, Mr Roger D'Souza and Ms Saicha Desai, Advocates for the Appellants.

Mr Yogesh Nadkarni with Ms. S. Khadilkar, Advocates for Respondent.

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

DATED : 25 th JANUARY 2023 P. C.

1.

Learned counsel for the parties hand in Consent Terms which are taken on record and marked as 'X' for identification. The Consent Terms have been signed by the authorised signatories for the appellants and the respondent. Copies of the authority letter are annexed to the Consent Terms. Learned counsel state that the originals will be filed within one week from today. 2.

The Consent Terms are also signed by the Advocates for the parties. The Advocates have identified the signatories. 3.

The appellants who are present in this Court state that they not 25th January 2023

202-COMAP-2-2019.DOC only have the authority to sign the Consent Terms but further, the parties which they represent have understood the scope and import of the Consent Terms which have been signed voluntarily. On perusing the Consent Terms, we find that they are now not opposed to public policy and there are no grounds for not accepting them. 4.

Accordingly, the Consent Terms are accepted and the impugned Decree is modified. Registry to act on the Consent Terms and permit the withdrawal/transfer of funds. The amounts shall be transferred directly to the bank accounts indicated in the Consent Terms. 5.

The appeal is disposed of in terms of the Consent Terms. There shall be no order for costs.

BHARAT P. DESHPANDE, J.

M. S. SONAK, J.

REBELLO Date: 2023.01.25 17:19:24 +05'30'

MARIA SUZANA REBELLO 25th January 2023