Asha Raghunath Mankame v. Uday Shankar Zaoba And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.13331 OF 2024 Asha Raghunath Mankame

...Petitioner

Versus

Uday Shankar Zaoba & Ors.

...Respondents

_______________________________________________________________ Ms. Uma Sharma i/b M/s. Dharam & Co., for the Petitioner. Mr. Sachin Chowdhari, for the Respondent Nos.2(a) to 2(c), 3 to 5 and 6(a).

Mr. Abhijeet Joshi, for the Respondent Nos.1 and 7. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 7th APRIL 2025 P.C.:

1.

Ms. Sharma, learned Counsel appearing for the Petitioner tenders Draft Amendment, by which name of Deceased Respondent No.6 is proposed to be deleted by adding name of heir and legal representative i.e. Respondent No.6(a). The Draft Amendment also proposes to include Respondent No.7 as Respondent who is a landlord as well as developer. 2.

Accordingly, the said Draft Amendment is taken on record and marked as "X1" for identification. The Writ Petition is allowed to be amended in terms of the Draft Amendment. Amendment be carried out forthwith. Reverification is dispensed with.

3.

Heard Ms. Sharma, learned Counsel appearing for the Petitioner, Mr. Joshi learned Counsel appearing for the Respondent No. 1 and added Respondent No.7 and also heard Mr. Chowdhari, learned Counsel appearing for the Respondent Nos.2(a) to 2(c), 3 to 5 and 6(a). All the Page No. 1

learned Counsel state that parties have settled the dispute in terms of the Consent Terms and they tender the Consent Terms. 4.

The Petitioner who is 87 years old, has put her thumb impression on the Consent Terms and the same is put up before the Respondent No.3 - Amita Kishore Dandekar. The Petitioner is present through VC and confirms that the thumb impression on the Consent Terms is her thumb impression and that the parties have settled the dispute in terms of the Consent Terms.

5.

The Consent Terms are also signed by Respondent Nos.1 and 7. The Respondent No.1 - Uday Shankar Zaoba has signed the Consent Terms on his own behalf and on behalf of Respondent No.7 which is a limited liability partnership. He has been authorized by a resolution dated 28th March 2025, to sign the Consent Terms. The said resolution is also annexed to the Consent Terms at Page No.30. The Respondent No.1 is personally present in Court and confirms that the dispute between the parties is settled in terms of the Consent Terms and the Consent Terms are signed by him on behalf of the Respondent No.1 and the Respondent No.7. The Consent Terms are also signed by Respondent Nos.2(a) to 2(c), 3, 4, 5 and 6(a). The Consent Terms are signed on behalf of Respondent No.2(a) by her Constituted Attorney i.e. Respondent No.2(c) - Aarti Prakash Mankame. The Power of Attorney executed by Respondent No.2(a) - Pooja Prakash Mankame in favour of Page No. 2

Respondent No.2(c) - Aarti Prakash Mankame is annexed to the Consent Terms from Page Nos.12 to 16. The Respondent No.2(c) - Aarti Prakash Mankame, has signed the Consent Terms also on behalf of Respondent No.2(b) - Aditya Prakash Mankame. The Consent Terms are signed by Respondent No.2(c) - Aarti Prakash Mankame on the basis of authority given by Aditya Prakash Mankame by email dated 3rd April 2025 (Page 17 of the Consent Terms). It is specifically mentioned, in the said email dated 3rd April 2025, that said Aditya Prakash Mankame has agreed with the terms mentioned in the Consent Terms and as he is staying in USA, he is not able to physically sign the Consent Terms and he is giving authority to Respondent No.2(c) - Aarti Prakash Mankame to sign the Consent Terms. The Respondent Nos.3, 4, 5 and 6(a) are personally present in Court and confirms that the dispute between the parties is settled in terms of the Consent Terms and the Consent Terms are signed by them.

6.

The respective Advocates appearing for respective parties have also signed the Consent Terms. They identify the signatures of respective parties.

7.

Accordingly, the Consent Terms are taken on record and marked "X2" for identification. Scanned copy of the Consent Terms is reproduced herein below :- Page No. 3

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8.

The various statements made in the Consent Terms are accepted as undertakings given to this Court.

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9.

Accordingly, the Writ Petition is disposed of in terms of the Consent Terms with no order as to costs.

[MADHAV J. JAMDAR, J.] Page No. 13