Dr. Harsha W/O Vinod Bhatia vs Manoj Maneklal Sheth And Ors
2022 Latest Caselaw 12388 Bom

                                                                   20.FA.606.22.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                        FIRST APPEAL NO. 606 OF 2022
                                   WITH
                    INTERIM APPLICATION NO. 9805 OF 2022


Dr. Harsha w/o. Vinod Bhatia            ...     Appellant
                                              (Orig. Defendant No.4)
           Versus

Manoj Maneklal Sheth & Ors.             ...     Respondents



Mr. A.M. Saraogi for the Appellant.
Mr. Amit A. Tungare for Respondent Nos. 1 and 2.
Mr. G.R. Manav for Respondent No.7.


                                  CORAM :      R.I. CHAGLA, J.
                                  DATED :     30th NOVEMBER, 2022.
ORDER :

1 Parties have settled their disputes. Consent Terms dated

30.11.2022 of settlement between the Appellant, Respondent Nos.1 to 5

and added Respondent No.7 has been tendered and is taken on record

and marked 'X' for identification.

2 This has been signed by the Appellant, Respondent Nos.1 to 3

and Power of Attorney Holder of Respondent Nos.4 and 5 and added

Respondent No.7 along with the Advocates for the Appellant, Respondent

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20.FA.606.22.doc

Nos.1 and 2 and Respondent No.7.

3 By these Consent Terms the parties have agreed for the

impugned judgment and decree dated 09.05.2022 passed by the City Civil

Court, Dindoshi in S.C. Suit No.602 of 2015 to be quashed and set aside

by this Court. This is subject to payment and realization of an amount of

Rs.1,00,00,000/- by Respondent Nos.1 and 2 which has been deposited

with this Court and which shall be paid over to Respondent Nos.1 and 2

in equal share.

4 In clause 4 of the Consent Terms, Respondent Nos.1 and 2

have agreed, confirmed and undertaken to this Court to file appropriate

affidavit in quashing proceedings and/or get the F.I.R. No.21 of 2020

under Section 420 r/w Section 34 of the I.P.C. registered by Malad Police

Station compounded quashed and shall co-operate in all respect against

all the accused therein.

5 The undertakings, if any, in the Consent Terms being

accepted as undertakings to the Court.

6 In view of the Consent Terms, disposal of the First Appeal in

accordance with these Consent Terms has been sought.

7           Accordingly, First Appeal stands disposed of in accordance


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                      with the Consent Terms.


                      8            In view of the disposal of the First Appeal, Interim

Application does not survive and is accordingly disposed of.

9 A soft copy of the Consent Terms will be uploaded as the

second order in the matter.

10 The Registry is to ensure that the hard copy of the signed

Consent Terms is permanently retained on file as part of the record and is

not sent for destruction in the ordinary course.

11 Court fees are to be refunded in accordance with the Rules.

For the purposes of Section 43 of the Maharashtra Court Fees Act and the

proviso to that Section, today's date is the date of making a claim for

repayment. The Prothonotary & Senior Master will issue a certificate for a

refund of Court Fees computed according to the Rules. He will act on

production of an authenticated copy of this order without requiring a

separate application.

12 All concerned will act on production of a digitally signed copy

of this order.

(R.I. CHAGLA, J.)

Digitally signed by WAISHALI WAISHALI SUSHIL SUSHIL WAGHMARE WAGHMARE Date: Waghmare 3/3 2022.12.03 14:47:17 +0530