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GHARSHALA BUNIYADI SHIKSHAN VIBHAG (HOME SCHOOL) vs. MADHUBEN MASUKHLAL GOHEL
2019 Latest Caselaw 1222 SC

Citation : 2019 Latest Caselaw 1222 SC
Judgement Date : 06 Dec 2019

    
Headnote :
The Constitution of India, 1950, Article 136 states that a compromise has been reached between the parties involved. The compromise has been documented, and the appeal has been resolved in accordance with the terms of the compromise.

[Para 4]
 

Before :- Navin Sinha and Krishna Murari, JJ.

Civil Appeal Nos. 7463 of 2018. D/d. 6.12.2019.

Gharshala Buniyadi Shikshan Vibhag (Home School) - Appellants

Versus

Madhuben Mansukhlal Gohel - Respondents

With

Civil Appeal No. 7465 of 2018 And Civil Appeal No. 7464 of 2018 And Civil Appeal No. 7456 of 2018.

For the Appellants :- Mishra Saurabh, Nachiketa Joshi, Aniket Seth, Ms. Sucheta Joshi, Ms. Himadri Haksar, Advocates.

For the Respondents :- Vikramjit Banerjee, ASG, Surender Kumar Gupta, Ms. Alka Agarwal, Ms. Swati G., Arun Kumar Yadav, Raj Bahadur Yadav, Mrs. Anil Katiyar, Kunal Verma, Dr. Rajesh Pandey, Ms. Tanuja Manjari Patra, Ms. Shweta Mulchandani, Ms. Aswathi M.k., Mahesh Pandey, Kaarthi K., Ms. Yogita Ahuja, Advocates.

ORDER

Navin Sinha, J. - Mr. Nachiketa Joshi, learned counsel appearing for the appellant-School, submits that though the question of law involved is common in all the appeals, Civil Appeal No(s).6330- 6331 of 2017 filed by the Secondary Board of Education arises from a separate judgment, than the present four civil appeals which arise out of a judgment of the Gujarat High Court.

2. Mr. Nachiketa Joshi, learned counsel appearing for the appellant-School, next submits that a Compromise Settlement dated 08.11.2019 has been arrived at between the appellant- School and the respondents in each of the appeals which has been brought on record by way of separate interlocutory applications in each of the four civil appeals.

3. No one appears on behalf of the respondents despite valid service of notice. The compromise, therefore, does not stand disputed between them.

4. Since the Compromise between the parties has been placed on record by way of affidavit(s), we dispose of these appeals in terms of the Compromise dated 08.11.2019 which shall form part of the present order.

5. It is made clear that the present order has been passed in view of the Compromise dated 08.11.2019 between the parties.

6. Needless to say that disbursement of the amount shall now be made to the concerned respondents by the High Court where the dues are stated to have been deposited.

7. Since the respondents have neither appeared nor entered appearance, we have proceeded on the assumption that the Compromise dated 08.11.2019 is valid. Liberty is reserved to the respondents to file an appropriate application, if circumstances so warrant.

8. There shall be no order as to costs.

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