B.E.S.T Undertaking Through Its General Manager At Electric House v. Smt.Girijadevi Omprakash Paswan And ORS.

P.H. Jayani 436 FAST5602.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 171 OF 2025 WITH CIVIL APPLICATION NO. 2980 OF 2018 IN FIRST APPEAL NO. 171 OF 2025 B.E.S.T. Undertaking .... Appellant V/s.

Girijadevi Omprakash Paswan and Ors.

.... Respondents Mr. Hemal Dedhia i/b. Navdeep Vora and Associates for the Appellant. Mr. Shravan Godse for Respondent Nos.2 to 5.

Mr. Sanjivkumar Paswan, Respondent No.3 present in court. Mr. Brijesh Paswan, Respondent No.5 present in court.

CORAM

: SHRI. SHYAM C. CHANDAK, J.

(HEAD OF THE PANEL) SHRI. G.P. DESHMUKH, OSD at CPC (MEMBER) SHRI. VISHAL A. SATHE, OSD at Central Project Co-ordinator (MEMBER) DATE : 13th SEPTEMBER, 2025 P.C. :- .

Learned Counsel for the respective parties tendered the Consent Terms dated 13th September, 2025. They stated that the dispute between the parties is settled and present Appeal may be disposed of as per the Consent Terms.

2) The Consent Terms are signed by the parties and their respective Advocates. Respondent No.3 has signed the Consent Terms for himself and for Respondent Nos.2 to 4 as their CA. The Consent Terms are 1/3

P.H. Jayani 436 FAST5602.2018.doc also signed by Respondent No.5. The Respondent Nos.1 and 6, the widow and father of the deceased in this case, have expired during pendency of the Appeal. Their death certificates are enclosed with the Consent Terms. 3) The Consent Terms are read and recorded. The Consent Terms are verified with the Respondent Nos.2 and 4 through video call with the help of mobile number of Mr. Brijesh Paswan (Respondent No.5). 4) As stated in the Consent Terms, the Appellant has deposited an amount of Rs.12,23,349/- towards the Award passed by the Tribunal. Out of the deposited amount, the Appellant will be entitled for refund/withdrawal of an amount of Rs.2,73,350/-. The balance amount (Rs.9,49,999/-) alongwith the interest shall be paid to the Respondents towards the full and final settlement of their claim. The Appeal deserves to be disposed of as compromised in terms of the Consent Terms. 5) Hence, following Order is passed.

6) The impugned Award is modified as under :- (a) Out of the deposited amount, the Appellant is entitled for refund/withdrawal of an amount of Rs.2,73,350/-. (b) The balance amount along with the interest accrued thereon shall be paid to the Respondents.

(c) The parties shall take steps for withdrawal of the respective amount from the MACT, Mumbai.

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P.H. Jayani 436 FAST5602.2018.doc 7) Appeal stands disposed of as compromised in terms of the Consent Terms.

8) Award be drawn accordingly.

9) Pending Application/s, if any, stand disposed of in view of the disposal of the Appeal.

10) Statutory deposit, if any, with the accrued interest shall be transferred to the Tribunal for its refund.

11) Court fee, if any, be refunded as per Rules.

12) The Consent Terms shall form part and parcel of this Order. (SHRI. VISHAL A. SATHE) (SHRI. G.P. DESHMUKH) (SHRI. SHYAM C. CHANDAK, J.) MEMBER MEMBER HEAD OF THE PANEL PREETI HEERO JAYANI by PREETI HEERO JAYANI Date: 2025.10.04 12:55:15 +0530 3/3