Bombay High Court
Nisha D. Saraf And Anr vs Chandulal K. Shah And Anr on 17 September, 2021
Bench: S.J. Kathawalla, Milind N. Jadhav
Digitally signed by
SWAROOP SWAROOP
SHARAD SHARAD PHADKE
Date: 2021.09.18
PHADKE 14:38:18 +0530
1 APP 219 OF 2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.219 OF 2018
IN
SUIT NO.2543 OF 2012
WITH
INTERIM APPLICATION NO.1697 OF 2021
Nisha D. Saraf and Anr. ... Appellants
Versus
Chandulal K. Shah and Anr. ... Respondents
Mr. Vishal V. Kanade i/by Mr. Sagar A. Rane, for Appellants.
Mr. Karl Tamboly with Ms. Sheetal Shah, Mr. Yazad Udwadia i/by Mehta and
Girdharlal, for Respondents.
CORAM: S.J. KATHAWALLA &
MILIND N. JADHAV, JJ.
DATE: 17th SEPTEMBER, 2021
P.C.:
1. The learned Advocates for the parties have tendered Consent Terms
dated 17th September, 2021. They submit that the Consent Terms be taken on record
and the above Appeal as well as Interim Application be disposed of in terms of the
Consent Terms. The Consent Terms are taken on record and marked 'X' for
identification. The Consent Terms are signed by Mr. Deepak Saraf - Appellant No.2,
Mr. Chandulal Keshavlal Shah - Respondent No.1, and Mr. Vaibhav Chandulal Shah -
Respondent No.2 and the Advocates for the parties. Mrs. Nisha Deepak Saraf -
Appellant No.1 has appeared before the Court through video conferencing. She has
informed the Court that she is presently at Bangalore. However, she has gone through
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1 APP 219 OF 2018.doc
the Consent Terms and she confirms all that is stated therein. She also undertakes to
comply with all that is stated in the Consent Terms. Her undertaking is accepted. She
has also sent a whatsapp message to the Advocate on record for the Appellant on his
mobile No.9320469769 stating that she has read the Consent Terms and agrees to
what is stated therein.
2. The Office of the Prothonotary and Senior Master of this Court is
directed to forthwith liquidate the Fixed Deposit and return the amount of
Rs.14,00,000/- deposited pursuant to the judgment and decree dated 4 th September,
2017 read with the corrected order dated 15 th September, 2017 along with accrued
interest thereon, to the Respondents.
3. Upon payment to the Respondents of the amounts mentioned in clauses
8(a)(i) and 8(a)(ii) of the Consent Terms and upon production of proof of payment to
the Respondents, the Registry of this Court shall forthwith return the Original Title
documents in respect of the Suit flat to the Appellants, which have been deposited in
this Court pursuant to the Order dated 5 th March, 2014 passed in Notice of Motion
No.327 of 2013 in the captioned Suit.
4. The above Appeal stands disposed of in terms of the Consent Terms,
marked 'X' as well as the above directions with no order as to costs. The Interim
Application also stands disposed of.
( MILIND N. JADHAV, J.) ( S.J.KATHAWALLA, J. )
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