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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.22 OF 2009
Atlanta Construction Co. Pvt. Ltd. & Ors. Petitioners
Vs
The Consumer Dispute Redressal Forum & Ors. . Respondents
Shri M.M. Vashi i/by M.P. Vashi & Associates for the Petitioners. Shri A.S. Doctor for the Respondents.
CORAM : SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J DATED : 7TH JANUARY, 2009
P.C.
We have heard learned Counsel appearing for the
parties. During the course of hearing, learned Counsel for the parties agree that this Petition be disposed of by a consented order that too without expressing any opinion on merits of the case and without prejudice to the rights and contentions of the parties.
Writ Petition disposed of in the following agreed terms :-
(a) The Petitioner Nos.5 and 6 in this Petition
shall appear before District Consumer
Forum – Respondent No.1 on 19th
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January, 2009 positively.
(b) In the event they appear and file appropriate application before the concerned Authority, the said Petitioners would not be sent to judicial custody in furtherance to execution of non-bailable warrant. They be released on bail in the amount indicated by Respondent No.1 itself in the order while issuing bailable warrant.
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(e) The orders of the District Consumer Forum only to the extent of directing detention of the Petitioners in exercise of its power, made during execution proceedings, will not be executed for a period of 7 days from the date of passing of the order. But for this, other orders passed by the Forum shall be executed in accordance with law.
(f) We find the agreed terms and conditions to be just and fair and the same shall be treated as an order of the Court and we dispose of the petition accordingly, leaving the parties to bear their own costs. We make it clear that we have not expressed any opinion on merits on any of the contentions raised in the Petition and the order is without prejudice to the rights and contentions of the parties.
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CHIEF JUSTICE
DR. D.Y. CHANDRACHUD, J
Atlanta Construction Co. Pvt. Ltd.
Consumer Dispute Redressal Forum
SWATANTER KUMAR
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
