Lachmandas Bhojraj Makhija ... vs Janki Bhojraj Makhija And 9 Ors
2022 Latest Caselaw 10911 Bom

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

APPEAL NO. 886 GF 2006
InN

SUIT NO, 2208 OP F987

1, dasha LAG Se )

 

ARES Deceased), )

lA. Ars, MAMTA LACHMANDAS }

MASHETA, }

1B. GIRISH LACHMANDAS }

MARAE, )

2. Saat A who)
SHORE, « (Deceased) }
Both of Indian Inhabitants, having }
their address as 62 / A, Collector's }

Colony, Chembur Calony, Chembur, }

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Mumbai ~ 400 074. 3
Versus

AGES. JANES? BHOIRAI MARIA, }
of Mumbai, Indien Inhabitant, the }
Sale Exeoutrix of Last Will & }
'Testamant of Original Plaintiff No], 3
residing at 62/A, Collector's Colony, 3
Chembur Colony, Chembur, Mumbai)

-

~ 400 O74, }

AGES APG AAD BLS }

Ak

Mate (Deceased) }

MISS, SAIEEREBHOIRAL ) ASLEAEE (Deceased) 3 beth-ofindian-inhablanis-reshling-af } 62bhy- Colleotor's Golonyy Chembur }

Golony,-Chembus-Mabai---400-074, }

_ APPELLANTS (ORG. DEPT.

Nos. 1 & 2(A)

v RESPONDENTS

ORG. PLAINTIPPS

ARAAGS BELARUS Fd }

(since deceased} }

SR eg,

4A, Mrs. MANISHA ARJUN MANHIIA, } residing at G2/A, Collector's Colony, 3

Chembur Colony, Chersbar, Mumbai

Nene"

~ 400 O74. }

tat

G Miss FANK? BHOURAS MARHISA, 3

LEO A}

BO RAE aids 3

al-residing-at-datA,Celiveters

awl"

SolunyChembur-colony;Ghembur }

Mumbai~do0-034. (Deceased) 3

9. Sa SESH e wd RECA} SHOSRAEIEAAEE } Hein. & legal-represeniative-ofine }

deseased-original Datendant Nes; }

"ence!

Murmbai--400-054, }

10. Mfrs, J¥O7Y PRAXASH ASH ANS, -- } Adult, Indian inhabitant, residing at} 709, Sub Co-operative Housing 5

Society Ltd., Pour Bungalows,

Ninel

Andheri (West), Bombay. }... RESPONDENTS ORG. DEPT. Nos. 3 POS

CONSENT TERMS

l. AGREED, DECLARED, RECORDED & CONFIRMED that the parties hereto have irrevocably settled all their claims disputes and differences inter se each other as recorded herein and the partics hereto shall now act and

perfier their obligations as mentioned herein.

ie

AGREED, DECIARED, RECORRED & CONFIRMED that save and exeept for the Appellants Nos.1A and 1B and the Respondents Nos.1 (also arrayed as Respondent No.6},

$4 and 10, there are no other legal heirs entitled to succeed

Ag ". Som

to the Estate of Late Bhoira] Maghumal Makhua and

iy

accordingly, the Appellants Nos.1A and 1B collectively and the Respondents Nos.1, 44 and 10 are each entitled to a

one-fourth undivided share in the Estate of Late Bhojraj

Maghumal Makhiia,

AGREED, DECLARED, RECORDED & CONFIRMED that gave and exoept for the plot of land admeasuring 84 aqyds. equivalent to 70.23 sqamirs., bearing CTS No.26/A {Part} of Village Wadhavil, Chembur together with Shop 803 (Old Shop No.9} admeasuring G8.25 sqaumirs. Le. 734.34 sq.f. buillbup area standing om Blot No.i8Q3 (4-D), Adjacent to Old Barrack No.? CNew 06009) situate nea Netaji Market, Opp. Thama Sweets, Main Road, Chembur Colony, Mumbai 400 074, being the property forming the subject matter of the Conveyance dated | gi August 198) executed by the President of India in favour of Lachmandas Bhojrat Makhila (since deceased), there are no other assets and / or properties comprised in the Estate af Lais Bhojraj Maghumal Makhija required to be administered and / or

distribiited between his legal heirs, being the parties ta the

present proceedings. The said plot of land together with the Shop structure standing thereon is hereinafter collectively briefly referred to as "mse sald Shoe premises". A photocopy of the Deed of Conveyance dated 1 s* August 1981 executed by the President of India in favour af Lachmandas Bhopaj Makhija is annexed to these Consent Terms and marked ANNENURE "7°. A Sketch Plan showing the location of the said Shop Premises is annexed to these Consent Terms and marked ANNESURE 82" A Sketch Plan showing the dimensions of the said Shop Premises is annexed ts these Consent Terms and marked ANNEXURE "2°

By consent of the parties, the Judgment and Decree dated ae Mxotober 2006 gassed by this Hon' ble Court in Suit No. 2208

sy

af 1987 is set asic

fate

&

The Respondents Noas.1, 4A and 10, in terms of the settlement as arrived at between the parties, agree declare record and confirm that none of them has any claim share

right title or interest to or in the said Shop premiass and that

ps aS '

&

the same belongs solely exclusively and absolutely to the Appellants Nos.1A4 and 1B herein, held by them as tenants-

iN-CaMA_M,

In consideration of the Respandents Nos.l, 4A and 10 releasing relinquishing and giving up their claim te the said Shop premises and to the Estate of Late Bhojra} Maghumal Makhija, the Appellants Nos.]A and 1B have, prior to the execution of these Consent Terms, paid to each of the

Respondents Nos.i, 4A and 10 --

[email protected]) a sum of € 4$,00,000/- CRupees forty five lakhs only} by Bankers' Cheque No.02$196 dated 18" October 2022 issued by ICICY Bank Lid. Chembur CG. Road Branch, Mumbai favouring the Kespondsent No] {subject to deduction of an arnount equivalent to 1% of the total amoumt of comsideration Le. € 45,00(/- (Rupees forty five thousand only} as and by way of Tax Deductible at Soures which amount, the

Appellants Nos.1A and 1B have agreed to deposit with

()

the Income Tax Department as required under Section

194.FA ofthe Income Tax Act, 1961}:

a sum of & 49,00,000/- (Rupees forty five lakhs only} by Bankers' Cheque No. 625197 dated 15" Oetober 2022 issued by LCICT Bank Lid., Chembur Cid. Road Branch, Mumbai favouring the Respondent No4A (subject to deduction of an amount equivalent to 1% of the total amount of consideration Le. * 45,000/¢ (Rupees forty five thousand only) as and by way. of Yax Deductible at Source which amount, the Appellants Nos. LA and 1B have agreed to deposit with the Income Tax Department as required under Section

194-LA of the Income Tax Act, 1961); and

a sum af © 45.00,000/ (Rupees forty five iskhs only) by Bankers' Cheque No. 025198 dated 15° October 2022 issued by ICICY Bank Ltd. Chembur CG. Road Branch, Mumbai favouring the Respondent No.0 {subject to deduction af an amount equivalent to 1% of

.

the total amount of consideration Le. 7 43,000/-

st ;

Z

(Rupees forty five thousand only} as and by way of Tax Beductthle at Source which amount, the Appellants Nos..A and 1B have agreed to deposit with the Income Tax Department as required under Section

{94-LA ofthe Income Tax Act, 1961}

aggregating fo ¢ 1,35,00,000/- (Rupees one crore thirty five lakhs only). Photocopies of the aforesaid Bankers' Cheques are ammexed to these Consent Terms and marked

admit confirm and acknewiledge receipt of the aforesaid amounts arid release and discharge the Appellants Nos.1A

and 1B of anc from the same and every part thereof.

By consent of the parties, the Respondents Nos.1, 4A and 10 are hereby ordered and decreed to, within three weeks fram the date hereof sign and execute In favour of the Appellants Nas 1A and 18 a Deed of Release and / or such other documents as may bs required by the Appellants Nos. lA and 1B in respect of the said Shop premises to

record complete discharge of the claims of the Respondents

Mos.1, 4A and 10 to and in the said Shop premises and to the Estate of Late Bhojra} Maghumal Makhija, Similarly, by sonsent of the parties, the Respondents Nos.1, 4A and 10 are alsa hereby ordered and decreed to, within three weeks from the date hereof sign execute and register in favour of the Appellants Nos.1 A and 1B a Power of Attorney granting them powers and authorities to represent the Respondents Nos.t, 4A and 10 before the municipal and / or revenue and / or any other government authorities for effecting transfer ofthe said Shop prem ses to their joint names in all relevant records. The Respondents Nos.1, 4A and 10 are farther wdered and decreed to execute such other incidental documents and writings as the Appellants Nos.1A and IB may reasonably require for the purpose of vesting complete and proper title im reapect of the said Shop premises m favour of the Appellants Nos.1A and 1B including any

declarations or other writings as may be required.

The Respondents Nos.1, 4A and 10 apres and undertake to

this Hon'ble Court that they shall attend the Office of the

ufrete on all ee, flee urtlrgtl " ne,

10,

admitting execution of any dacuments that may be executed

by them subject to the Appellants Nos LA and IB giving

them four clear working days notice of the same,

All stamp duty and registration charges, i any, payable on these Consent Terms and / or any documents to be executed pursuant hereto and on all other deeds documents and writing as may be required to be executed pursuant hereto shall be borne and paid by the Appellants Nos.1A and 1B and the Respondents Nos.1, 4A and 10 shall not be liable ¢ contribute to or pay any part of the same.

By an Interim Order dated 4° Cetober 1988, the Court Receiver, High Court, Bombay had been appointed as Receiver in respect of the said Shop premises. Certain amounts recovered by the Court Reesiver as royalty continue to remain deposited with the Court Receiver, High Court, Bombay, In view of the Consent Terms herem, the Interim: Order dated 4° October 1988 passed by this Hon'ble Court in Notice of Motion No. 196] of P98? in Sut

>

No.2208 of 198? appointing the Court Receiver, High

Cut, Bombay as Receiver in respect of the said Shop premises tn stand vacated forthwith and the Court Receiver, High Court, Bombay to stand discharged as Receiver in

respect of the said Shop premises without passing Accounts.

AGREED, DECLARED, RECORDED £& CONFIRMED

that the Appellants Nos.lA and 1B callectively, and the Respondents Nos.1, 44 and 10 each shall bear and pay the costs charges and expenses of the Court Receiver, High sour, Bombay in equal shares ia. the Appellants Nos. 1A and UB together and each of the Respondents Nos.1, 4A and 1Q shall bear and pay a one-fourth share of such costs charges and expenses. The Appellants Nos.1A and 1B and the Respondents Nos.i, 4A and 10 agres and undertake to bear and pay their respective shares of the costs charges and expenses of the Court Receiver, High Court, Rambay within

seven days of their and / or their respective Advocates

recelvitig a communication and / or an intimation in that

regard, The Court Receiver, Nigh Court, Bombay shall hand

over possession of the said Shop premises to the Appellants

in.

Nos 1A and 1B within two weeks of receipt / settlement of

his casts charges and expenses in terms as set out herein,

RECORDED AND DECLARED and it is accordingly GRDERED AND DIRECTED that all benefits of development accruing in reapect of the said Shop premises int any manner whatsoever including any form of advantage

.

or benefit will vest solely and exclusively in the Appellants Nos. LA and 1B and / or their respective successors and the Respondents Nas.1, 4A and 10 herein shall have ne claim

share right title or interest to or in the same or to any part

thereof,

PURTRAER ALSO AGRERD AND RECORDED and it is accordingly GRORRED AND 2EIRECTED that the Respondents. Nos.1, 4A and 10 do and each of them doth hereby indemnify amd agree and undertake to keep

xe

indemnified the Appellants Nos.1A and 1B and their respective successars-in-title of from and against any claim

that may be made by any person claiming to be entitled fo

any share in the said Shop premises in his / her capacity as a

legal heir of Late Bhojra} Maghumal Makhija or in any manner claiming through or under the Respondents Nas. 1, 4A and 10 and claiming to be agprieved by the Consent Terms herein and also of from and against any expenses ar damage that the Appellants Nos.LA and / or UB and / or their respective successors-in-titie may suffer or incur in defending any proceeding that may be adopted by any

person claiming to be agerieved as aforesaid,

PURTHER APSO AGREED AND RECORDED that the parties hereto, bearing in mind the long pending and acrimonious disputes and Itigation between them, have arrived at the present terms of settlement with a view to putting an end to such disputes / litigation and accordingly, the amounts paid by the Appellants Nos. iA and 1B to each of the Respondents Nos.1, 4A and 10 is the true and correct value of a one-fourth share of the said Shop premises, the

rights in respect of which are agreed to be released and relinquished by the Respondents Nos.?, 4A and 10 in favour

of the Appellants Nos.1A and 1B and accordingly, none of

the parties he ereto shall, at any point of time, raise any

dispute or make any grievance with regard to the same

Phe Appellants Nos.1A and 1B and the Respondents Nos],

18, A and 10 agree and undertake to this Hon'ble Court to abserve and comply with all their respective obligations in terms ag set out herein and not commit any breach of any of the provisions hereof.

10, Eis agreed that all claims of the parties hereto against each S Set out

other now stand completely discharged in terms a

herein and save and except as set out herein, ne party shall

hereafter have any claim or demand against any of the other

arising out of the Estate of Late Bhojrai Maghumal Makhila

=

se Consent Terms, all allegations and counter.

mae

i?. Ie view of the

allegations made by the parties hereto against each other

naw stand withdrawn.

The Undertakings given by the Appellants Nos.1A and IB 1G and recorded

pee Tho ¢

aml by the Respondents Nos.1, 4A and |

Gor

herein be accepted by this Hon'ble Court and the same shall

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form part and parce! of these Consent Terms,

19. No Onder as to costs between the parties.

40. Issuance of Certified Copy and Drawn-up Decres expedited,

él, The Appeal herein to stand disposed of in terms of these

Consent Terms.

. Ha

- Dated this {ae day of Ootaber 2022.

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Mrs, MAMTA LACHMANDAS MARHITS APPELLANT No.1A

GIRISH' LACHMANDAS MAKHISA APPELLANT No JB

for NARAYANAN & NARAFANAN,

Partner Advocates for the Appellants

RESPONDENT Nol

Mrs. JYOT? PRAKASH ASIVANT RESPONDENT Noid

for AL A. VAISHNA BA & CO,

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tor PRATIN AMIN ASSOCIATES,

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INTHE BIGH COURT OF FUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 806 OF 3606 iv SUPP NO, 2208 OF J98?

lA. Afr, AFAMTA LACHMANRAS MARNEA & ANR., APPELLANTS Versus

1. HANEY BHOUJRAS MARTA & CRS. . RESPONDENTS

CONSENT TERMS

Dated this day of October 2002.

NARAYANAN & NARAYANAN,

Advocates for the Appellarits,

NUN. PAISHN AWA & CO, Advocates for Respondents Nos.) & 10,

PRATIC AMIN ASSOCIATES, Advocates for Respondent Noda.