Allowed

Manish Arjun Kshatriya and Anr. v. Arjun Laxman Kshatriya and Anr.

Bombay HC21 Dec 2021WP/2605/2021

Case brief

AI extract

What is this about?

This High Court allowed a writ petition challenging a tribunal order for maintenance dues on the ground that the parties had successfully settled the dispute through mediation.

What did the court decide?

The impugned order is set aside; the writ petition is allowed according to the mediation settlement terms. Respondent No.1 permitted to withdraw litigation costs deposit.

Manish Arjun Kshatriya and Anr. Vs Arjun… — Pension and Retirement Benefits | Bombay HC (2021)

¶1

1/3

¶2

WP-2605-2021-SR.25 December 21, 2021

¶3

Rane

¶4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶5

CRIMINAL APPELLATE JURISDICTION

¶6

WRIT PETITION NO. 2605 OF 2021

¶7

SHRI. MANISH A. KSHATRIYA AND ANR.

¶8

} PETITIONERS

¶9

V/S.

¶10

SHRI. ARJUN L. KSHATRIYA AND ANR. } RESPONDENTS

¶11

¶12

Mr. Sachin Gite, Advocate for the petitioner.

¶13

Mr. A.R. Patil, APP for State.

¶14

Mr. Saurabh K. Raut, Advocate for respondent no.2.

¶15

Coram : Sandeep K. Shinde, J.

¶16

Tuesday, 21^st December, 2021.

¶17

P.C. :

¶18

Shri. Arjun Laxman Kshatriya, is a Senior

¶19

Citizen within the meaning of Section 2(h) of the

¶20

Maintenance and Welfare of Parents and Senior Citizens

¶21

Act, 2007. Petitioner no.1 is the son and petitioner no.2 is

¶22

the daughter-in-law of Shri. Arjun L. Kshatriya. He moved

¶23

an application under Section 5 of the Senior Citizens Act,

¶24

2/3

¶25

WP-2605-2021-SR.25 December 21, 2021

¶26

Rane

¶27

Whereupon the Tribunal directed the petitioners to pay maintenance of Rs.10,000/- on/or before ffteenth day of succeeding month. The order of Tribunal dated 24^th February, 2021 is assailed before this Court in the instant writ petition.

¶28

In consideration of the facts of the case, the parties were suggested to settle the dispute through mediation. Accordingly, Mr. A. Mahadevan, Senior Advocate was appointed as Mediator. The Mediator’s Report dated 26^th November, 2021 is taken on record and marked “X-1” for identifcation. The minutes of the mediation proceedings show that, parties have settled the dispute in the following terms :

¶29

“1. The Respondent Mr. Arjun Laxman Kshatriya has agreed to stay with family Of the Petitioner and Respondent at Upnagar, Nashik.

¶30

The Respondent has agreed to abandon all his claim for maintenance at the rate of Rs.10,000/- (Rupees Ten Thousand only) as order by Sub Divisional Offcer as well as the Collector and appellate authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

¶31

The Petitioner Mr. Manish Arjun Kshatriya has agreed and shall deposit Rs.40,000/- (Rupees Forty Thousand only) as one time settlement of arrears of maintenance in account of

¶32

3/3

¶33

WP-2605-2021-SR.25 December 21, 2021

¶34

Rane

¶35

Respondent with State Bank of India, Shivaji Nagar Branch, Nashik Road, Nashik.

¶36

The Respondent and the Petitioner have mutually agreed that the petitioner shall provide all day to day need of the Respondent as well as his personal private expenditure.

¶37

The petitioner has agreed and accepted the proposal as above.

¶38

Parties have agreed to the above terms and have no objection for disposing the W.P. No.2605/2021 in terms of the mutual settlement as above.”

¶39

3. The petitioners and the respondents are present.

¶40

The mediation report was shown to the parties. They are not disputing the minutes of the mediation proceedings. In that view of the matter, the impugned order is set aside. The petition is allowed in the aforesaid terms and disposed of accordingly.

¶41

Respondent no.1 is permitted to withdraw

¶42

Rs.25,000/- (Rs. Twenty Five Thousand only) deposited by

¶43

the petitioners in the Registry of this Court towards litigation costs.

¶44

NEETA SHAILESH SAWANT

¶45

Digitally signed by NEETA SHAILESH SAWANT Date: 2021.12.22 16:54:11 +0530

¶46

(SANDEEP K. SHINDE, J.)

Manish Arjun Kshatriya and Anr. v. Arjun Laxman Kshatriya and Anr.

Case brief

What is this about?

What did the court decide?

Manish Arjun Kshatriya and Anr. v. Arjun Laxman Kshatriya and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohammed Shabbir Awan and Ors. Vs the State of Maharashtra and Anr.

Bassappa Layappa Gadade and Ors. Vs the State of Maharashtra and Anr.

Ashok Kumar Agarwal and Anr. Vs the State of Maharashtra and Anr.

Raj Doulatram Rajpal Vs Ram Doulatram Rajpal and Anr.

Khushaboo Narayan Hemnani and Anr. Vs Sai Kripa Stationer, Nashik through the Prop. Raj Jyoti Uttam Singh and Ors.

Sarika Nitin Salunkhe Vs the State of Maharashtra