Singh And Sons Through Its Partner Ratan ... vs Gopal Omprakash Ruia
2023 Latest Caselaw 13382 Bom

Bombay High Court

Singh And Sons Through Its Partner Ratan ... vs Gopal Omprakash Ruia on 22 December, 2023

Author: Nitin Jamdar

Bench: Nitin Jamdar

2023:BHC-OS:15266-DB


               Trupti                               1                 4-comapl-12961-2023.doc




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           ORDINARY ORIGINAL CIVIL JURISDICTION

                           COMMERCIAL APPEAL (L) NO. 12961 OF 2023
                                            IN
                          COMMERCIAL SUMMARY SUIT NO. 10 OF 2021
                                           WITH
                          INTERIM APPLICATION (L) NO. 20205 OF 2023
                                            IN
                           COMMERCIAL APPEAL (L) NO. 12961 OF 2023
                                           WITH
                            INTERIM APPLICATION NO. 2164 OF 2023
                                            IN
                           COMMERCIAL APPEAL (L) NO. 12961 OF 2023

               M/s. Singh & Sons                                   ...        Appellant
                     versus
               Gopal Omprakash Ruia                                ...        Respondent
                                             .......
               Mr.Anil Yadav i/b. Mr.Amarendra Mishra for the Appellant.
               Mr.Girish Kedia for the Respondent.
                                              .......
                                      CORAM : NITIN JAMDAR &
                                              MANJUSHA DESHPANDE, JJ.

DATE : 22 DECEMBER 2023

P.C.:

Heard the learned Counsel for the parties.

2. This Appeal arises from the judgment and decree dated 6 April 2023 passed by the learned Single Judge of this Court in Summons for Judgment No. 10 of 2021 in Commercial Summary Suit No. 10 of 2021.

Trupti 2 4-comapl-12961-2023.doc

3. The learned Counsel for the parties state that the parties have arrived at settlement and submit that the Appeal be disposed of in terms of the consent terms. Accordingly, the Appeal is admitted and taken up for hearing forthwith by consent. The consent terms tendered by the parties were examined by I/c. Prothonotary and Senior Master. As far as the procedural compliance such as Vakalatnama, authority and identity of the parties etc., is concerned, it is stated that the consent terms are in order.

4. We have gone through the consent terms. The dispute between the parties is a monetary dispute which is settled in monetary terms. Parties have agreed that if the Respondent makes an application for quashing the First Information Report (FIR) arises from the same transaction, which is the subject matter of the Suit, the Appellant will extend necessary cooperation. Parties have also agreed that other proceedings pending between them would stand disposed of as per the their agreement in the consent terms.

5. Considering these facts and that parties are settling their dispute with these consent terms, we do not find anything unconscionable regarding the settlement. The consent terms are taken on record and marked 'X' for identification.

6. The Appeal is allowed in terms of the consent terms. The impugned judgment and decree dated 6 April 2023 passed by the

Trupti 3 4-comapl-12961-2023.doc

learned Single Judge shall stand substituted by the consent terms. The Appeal and the Suit stand disposed of/ decreed in terms of the consent terms. Undertakings given in the consent terms are accepted.

7. We make it clear that these consent terms will not give any liberty to the parties to override any provisions of law nor it would be binding on those who are not signatories to the consent terms.

8. In view of disposal of the Appeal, nothing remains in the Interim Applications and the same are accordingly disposed of.

         (MANJUSHA DESHPANDE, J.)            (NITIN JAMDAR, J.)