Disposed

Sheroor Mohandas Shetty and Ors. v. Bharat Mohanlal Suchak and Anr.

Bombay HC9 Jul 2013APL/335/2013

Case brief

AI extract

What is this about?

The High Court disposed of a criminal application wherein the applicants and respondents reached a settlement agreement involving cheque payments, leading to the withdrawal of execution proceedings in a civil suit and the quashing of several inquiries.

What did the court decide?

The criminal application was disposed of. Execution proceedings were withdrawn, and inquiries were quashed.

Sheroor Mohandas Shetty and Ors. Vs Bharat… — Contract and Commercial Disputes | Bombay HC (2013)

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apl-335-13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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rpa

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CRIMINAL APPLICATION NO.335 OF 2013

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Sheroor Mohandas Shetty & Ors. .. Applicants Vs. Bharat Mohanlal Suchak & Anr. .. Respondents

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Mr. R. A. Shaikh, Advocate for the Applicants. Ms. Usharani Arun Marathe, for Respondent No.1. Ms. V. S. Mhaispurkar, A.P.P. for Respondent No.2 – State.

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CORAM : K. U. CHANDIWAL, J.

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DATED : JULY 9, 2013.

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P.C. :

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Heard Mr. R. A. Shaikh for the applicant – accused,

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Smt. Marathe present for original complainant. Original complainant present. The different controversies between the parties are resolved. The applicant M/s. S. M. Dye Chem Limited has agreed to release total amount of Rs.7,00,000/- (Rs. Seven Lacs only) in favour of original complainant Bharat Mohanlal Suchak by cheque dated 10^th July, 2013 for Rs.2,30,000/(Rs. Two Lacs Thirty Thousand only), 10^th August, 2013 for the same amount and 10^th September, 2013 for Rs.2,40,000/(Rs. Two Lacs Forty Thousand only). Cheques are handed over

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to the learned counsel for the original complainant, received by original complainant against an acknowledgment.

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2 It is agreed by the original complainant, he shall withdraw execution proceedings arising out of Special Civil Suit No.201 of 2004 being R.D. No.40 of 2010, pending before the learned 2^nd Joint Civil Judge, Senior Division, Kalyan. The original complainant makes a statement, to file a certificate before the executing Court in respect of satisfaction of the decree, however, it will be only on realisation of aforesaid referred three cheques. He shall not insist for any warrant under order XXI of Code of Civil Procedure against the applicants herein in said civil proceedings.

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3 The original complainant by consent allows withdrawal of R.C.C. No.1026 of 2006. The proceedings initiated by original complainant are quashed and set aside. Statement of releasing the cheque on due date is accepted.

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4 Criminal application is dispose of.

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Sheroor Mohandas Shetty and Ors. v. Bharat Mohanlal Suchak and Anr.

Case brief

What is this about?

What did the court decide?

Sheroor Mohandas Shetty and Ors. v. Bharat Mohanlal Suchak and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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