This order dismisses a contempt petition and allows withdrawal of a connected suit after parties reached a settlement via payment of INR 3,50,000. Interim relief was vacated and non-bailable warrant deposit conditions clarified.
Contempt petition disposed of; suit allowed to be withdrawn; interim relief vacated.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CONTEMPT PETITION NO. 20 OF 2004
WITH
SUIT NO. 2615 OF 2003
Dolcie Fernandes ... Petitioner
versus
Vasant Mavji Shah & ors. ... Respondents
Mr. S.M. Moholkar i/by C.R. Naidu & Co., for the
Petitioner.
Mr. A.M. Saraogi, for the Respondent No. 1.
CORAM : A.M.KHANWILKAR,J.
3rd November 2004
P.C.:
. It is brought to my notice by the Counsel
for the Petitioner that the amount, which was
agreed to be paid to the Petitioner has been
offered by the Respondent No. 1 by Pay Order in
the sum of Rs.3,50,000/- (Rupees Three lakhs
fifty thousand only) towards full and final
settlement of the dispute between the parties
inter se. The Pay Order has been made over to
the Counsel for the Petitioner. In the
circumstances, nothing survives in this Contempt
Petition. The same is disposed of.
. The Counsel for the Petitioner submits
that since all the disputes have been amicably
resolved between the parties inter se, the suit
filed by the Petitioner may also be taken on
Board and disposed of. The Counsel for the
Respondents has no objection for adopting that
course. In the circumstances, Suit No. 2615 of
2003 is taken on Board by consent. The same is
allowed to be withdrawn in view of the settlement
arrived at between the parties. Refund as per
Rules.
. Pursuant to non-bailable warrants issued
by this Court, the Respondents have deposited sum
of Rs.25,000/- (Rupees Twenty five thousand
only). It will be open to the Respondents to
withdraw that amount.
. Interim relief which was granted during
the pendency of the suit stands vacated forthwith
by consent. It is agreed between the parties
that the Petitioner-plaintiff will execute all
necessary documents as and when required, in
relation to the agreement executed between the
parties dated 12th February 1992.
. This order is passed in the presence of
the Constituted Attorney of the Plaintiff, who
states that he has instructions to make this
statement on behalf of the Plaintiff.
. All concerned to act on the copy of this
order duly authenticated by the Associate of this
Court.
(A.M.KHANWILKAR,J.)
Dolcie Fernandes
Vasant Mavji Shah
A.M. Khanwilkar
As recorded by the court registry
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