This judgment disposes of the appeal as infructuous. The court noted that the appellant had obtained settlement and withdrawal of the decretal amount before the Lok Adalat, rendering the appeal moot and binding under the Maharashtra Legal Service Authorities Act.
The appeal is disposed of as infructuous; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
4-fa619.16.odt
rng
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.619 OF 2014
Nuruddin Rabayat Siddique .. Appellant
vs
M/s Crew Claims Administrators & ors .. Respondents
None for Appellant
Ms.S.Priya a/w Ms.Apurva Mishra for Respondent no.1 Mr.Rahul Nerlekar for Respondent no.2
CORAM: G.S.KULKARNI, J DATE : 9 DECEMBER 2016
P.C.
nor his Advocate had appeared and therefore this Court had passed the following order :
“1. None for the appellant.
appellant is present in Court. Name of the Advocate and name of the appellant is correctly notified on the cause list.
4-fa619.16.odt
rng
that this Appeal has in fact become infructuous inasmuch as after the impugned order, the appellant had approached the Lok Adalat and by an order dated 16.9.2012 passed by the Lok Adalat, it was recorded that the matter is settled in view of the Consent terms dated 16.9.2012 arrived between the parties and accordingly it was disposed of in terms of the said settlement. Learned counsel for respondent no.1 has also drawn my attention to an affidavit dated 5.2.2015 filed on behalf of respondent no.1 of Mr.Dana Berger (Director of P & I Claims and Litigation) in which in para 4 it is stated that in pursuance of order dated 16.9.2012 of the Lok Adalat, the appellant has withdrawn Rs.4,68,520/- from the Workmen's Commissioner's Tribunal which was ordered to be paid by the respondents pursuant to an impugned order dated 7.2.2012 of the learned Workmen's Commissioner. It is stated that money was paid, withdrawn and received by the appellant in view of the settlement filed before the learned Commissioner. It is therefore, stated that the Appeal has become infructuous and is not maintainable. This Affidavit of respondent no.1 dated 5.2.2015 is already served on appellant on 12.6.2015.There is no rejoinder as placed on record and therefore the position as set out in para 4 and 5 of the affidavit remains uncontroverted.
4-fa619.16.odt
rng
the decretal amount under the settlement which is arrived at and between the parties before the Lok Adalat. The said settlement in any event is binding on the appellant and parties to the dispute under section 21 of Maharashtra Legal Service Authorities Act,1987.
{G.S.KULKARNI, J}
Nuruddin Rabayat Siddique
M/s Crew Claims Administrators
G.S.KULKARNI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
