Karuna Vijay Sawant v. The Commissioner

ppn 1 925.fa-200.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by PRACHI PRANESH NANDIWADEKAR Date: 2025.11.21 18:11:07 +0530 PRACHI PRANESH NANDIWADEKAR FIRST APPEAL NO.200 OF 2016 The Commissioner, Thane Mahanagar Palika Thane .. Appellant V/s.

Karuna Vijay Sawant & Ors.

.. Respondents WITH INTERIM APPLICATION NO.11088 OF 2025 IN FIRST APPEAL NO.200 OF 2016 Karuna Vijay Sawant & Ors.

.. Applicants In the matter between The Commissioner, Thane Mahanagar Palika Thane & Anr. .. Appellants V/s.

Karuna Vijay Sawant & Ors.

..Respondents ---- Mr. Anand Kulkarni for the appellant.

Mrs.Gulestan M. Dubash a/w Mr. Rahul Shelke for respondent nos.1 to 3. Mrs. Karuna Vijay Sawant, respondent no.1 in-person present. ---- CORAM : JITENDRA JAIN, J.

DATED : 21st November 2025 P.C. :

1.

List this matter on 12 January 2026 for hearing. 2.

After hearing this matter for some time, on two different occasions, the Court requested both the parties to sit across and resolve the matter. Both the learned advocates have persuaded their clients and arrived at a figure of Rs. 5 lakhs to be paid by the appellant/respondent to the

ppn 2 925.fa-200.16.doc respondent/claimant in full and final settlement of the impugned order dated 3 December 2015. The respondent/claimant to furnish the bank details to the appellant/respondent and within four weeks, the appellant/respondent to transfer the amount of Rs. 5 lakhs to the said account. On transfer of the said amount, the appellant/respondent shall be discharged from all its liability under the impugned order. 3.

On transfer of Rs.5 lakhs to the account of the respondent/claimant, the appellant/respondent to make an application for refund of sum deposited vide receipt dated 4 February 2016. The learned counsel for the appellant has furnished the said receipt which records that sum of Rs.21,60,845/- is deposited.

4.

It is also important to note that out of this amount of Rs.21,60,845/-, the respondent/claimant has already withdrawn Rs.4,50,000/-. The settlement amount of Rs.5 lakhs is over and above Rs.4,50,000/-. 5.

Appeal is disposed of in above terms. Interim Application does not survive and is accordingly disposed of.

6.

The Court appreciates the efforts put by the advocates and their respective clients in resolving this dispute between them. (JITENDRA JAIN, J.)