The Family Court Appeal was disposed of by accepting the compliance of consent terms. The court facilitated the handover of flat keys and payment of Rs. 9 lakhs to the appellant and disposal of the appeal and applications.
The appeal and civil applications disposed of on acceptance of undertakings regarding handover of keys and cheque.
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MSS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
FAMILY COURT APPEAL NO. 33 OF 2004
JYOTI PRAKASH HASWANI .. APPELLANT
Vs.
PRAKASH PINIOMAl HASWANI & ORS... RESPONDENTS
Appellant-in-person
Mr. Vivek Kantawala i/b M/s. Kantawala & Co. for
respondents
CORAM:SMT.RANJANA DESAI &
DR. D.Y. CHANDRACHUD, JJ.
DATE: 18/7/2008
P.C.
. Not on board. Mentioned urgently.
2. On 23/6/08, the Division Bench of this court
(Smt. Ranjana Desai & Smt. R.P. SondurBaldota,
JJ.) had taken the consent terms duly signed by the
appellant, 1st respondent and learned counsel for
the respondents on record and marked them "X". The
matter was adjourned to 18/7/08 at 3 p.m. with
certain directions.
3. As per the Consent Terms and order dated
23/6/08 today this court was to hand over to the
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appellant Jyoti Haswani, a cheque in the sum of Rs.
9 lakhs drawn in her favour and she was to handover
to this court key of the flat being A-6, BARC
Quarters i.e. Sanchi, Anushakti Nagar, Mumbai 400
094. The keys were to be handed over by this court
to B.A.R.C. officers. Since today Smt. Justice
R. P. SondurBaldota is not available for work
this matter has not appeared on board. However,
Ms. Jyoti Haswani and Mr. Prakash Haswani have
come to the court. Mr. Kantawala, learned counsel
for Mr. Prakash Haswani is also present in the
court. B.A.R.C. Officers Mr. Selvam Gounder,
Asstt., BARC and S. Rangnathan, Asstt. Personal
Officer, DECSEM are also present in the court.
Parties have requested us to take this matter on
board since it is settled and pass appropriate
orders. At their request, therefore, we have taken
the matter on board.
4. B.A.R.C. Officers Mr. Selvam Gounder, Asstt.,
BARC and S. Rangnathan, Asstt. Personal Officer,
DECSEM confirm that as per the consent terms and
order dated 23/6/08 they have visited the said flat
at about 10-15 a.m. today. The said flat is
vacant.
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5. Ms. Jyoti Haswani has brought the keys of the
said flat in the court today. In terms of the
consent terms and order dated 23/6/08 we have taken
the keys of the said flat from Ms. Jyoti Haswani
and we have handed over the cheque of Rs.9 lakhs to
Ms. Jyoti Haswani. She has accepted it. We
direct that Ms. Jyoti Haswani shall go to the
Nazir’s office with Mrs. Aswalkar S.S., Clerk and
execute a receipt acknowledging that she has
received the said cheque of Rs.9 lakhs from the
court. We have handed over the keys of the said
flat to the above B.A.R.C. Officers. Needless to
say that B.A.R.C. officers shall now go and take
possession of the said flat.
6. We note that an amount of Rs.3,000/- being
maintenance for July, 2008 has been handed over by
Mr. Prakash Haswani to Ms. Jyoti Hawani, in the
court today.
7. In view of the above, the consent terms are
complied with. We accept the undertakings
contained in the consent terms. Order in terms of
the consent terms. The family court appeal as well
as all civil applications stand disposed of in
terms of the consent terms.
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JUDGE
JUDGE
Jyoti Prakash Haswani
Prakash Piniomai Haswani
Ranjana Desai
D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court