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Bombay High CourtIA/6747/2025disposed off

The Municipal Corporation Of Greater Mumbai Thr. The General Manager v. Santosh Prabhu Sawant

2025-09-13Hon'Ble Shri Justice Shyam C. Chandak , National Lok Adalat7 pages

P.H. Jayani 435 FAST36285.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO. 36285 OF 2024 WITH INTERIM APPLICATION NO. 6747 OF 2025 WITH INTERIM APPLICATION NO. 6748 OF 2025 IN FIRST APPEAL (ST.) NO. 36285 OF 2024 The Municipal Corporation of Gr. Mumbai .... Appellant V/s.

Santosh Prabhu Sawant .... Respondent Ms. Swati Pawar a/w. Mr. Vaibhav Bane i/b. S.K. Legal for the Appellant. Adv. Amrin A. Khan for the Respondent.

Mr. Sayaji Dadasaheb Waghmode, Officer of the Appellant, present. 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 the present Appeal may be disposed of as per the Consent Terms. Ms. Amrin Khan, learned Counsel undertakes to file her Vakalatnama on behalf of the Respondent. Said statement is accepted as an undertaking to the Court.

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P.H. Jayani 435 FAST36285.2024.doc 2) The Consent Terms are signed by the parties and their respective Advocates. The Consent Terms are read and recorded. The Consent Terms are taken on record and marked as 'X'. 3) As stated in the Consent Terms, the Appellant was to deposit an amount of Rs.9,08,712/- towards the Award passed by the Tribunal and as directed by this Court. As per the Consent Terms, the Respondent has agreed to accept Rs.7,58,712/- towards full and final settlement of the claim and to waive the balance amount of Rs.1,50,000/-. The Appeal deserves to be disposed of as compromised in terms of the Consent Terms. 4) Hence, following Order is passed.

5) The impugned Award is modified as under :- (a) The Appellant shall pay Rs.7,58,712/- to the Respondent towards full and final settlement of the claim filed by the Respondent against the Appellant.

(b) Ms. Swati Pawar, learned Counsel for the Appellant states that the said amount will be deposited before the MACT, Mumbai within four weeks from the date of uploading of this Order. The said statement is accepted as an undertaking to the Court.

6) The Appeal stands disposed of as compromised in terms of the Consent Terms.

7) Award be drawn accordingly.

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

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P.H. Jayani 435 FAST36285.2024.doc 9) Statutory deposit, if any, with the accrued interest shall be transferred to the Tribunal for its refund.

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

11) 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 13:06:05 +0530 3/3