The High Court approved the withdrawal of a civil appeal in exchange for the execution of a registered conveyance by the appellant and payment of litigation costs to the respondent.
The appeal was withdrawn and disposed of; the underlying decree was satisfied; and the aforementioned undertaking was accepted by the Court.
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916-FA1442-13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 1442 OF 2013 WITH CIVIL APPLICATION NO. 3646 OF 2013
Smt. Bharati Akhil Marfatia .. Appellant vs. Anosh Keki Shroff .. Respondent
Mr. Rohan Cama for Appellant. Mr. Uday Bobade I/b. Mr. S. M. Sabrad for Respondent.
CORAM : ANOOP V. MOHTA AND
M. S. SONAK, JJ.
DATE: May 02, 2014
P.C . :-
1] The present Appeal can be disposed of on the following terms:
(A) The Appellant has duly executed and registered Conveyance on 11.04.2014.
(B) The Appellant will be entitled to withdraw the sum
of Rs.2,51,00,000/- deposited by the Respondent in this
Court, pursuant to the Order dated 03.02.2014.
(C) The Appellant undertakes to this Court to pay the
sum of Rs.2,50,000/- to the Respondent within one week
from receipt of sum of Rs.2,51,00,000/- from this Court,
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916-FA1442-13
towards cost of litigation.
(D) All allegations and claims of the Appellant and the Respondent against each other in the above matter stands withdrawn. Both parties agree that they will not file any proceedings against each other for the present matter.
2] The undertaking so recorded above are accepted by the parties and therefore by this Court. Both the parties are present in the Court.
3] In view of the above, the Appeal stands disposed of as withdrawn. Refund of Court fees as per the Rules.
(M. S. SONAK, J.) (ANOOP V. MOHTA, J.)
Chandka
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Smt. Bharati Akhil Marfatia
Anosh Keki Shroff
Anoop V. Mohta
M. S. Sonak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
