This order records the parties' settlement minutes and sets aside the order dated 20 November 2014. In terms of the minutes, the respondent must refund the principal sum and agreed share of interest, disposing of the writ petition.
Order dated 20th November 2014 set aside; order in terms of the settlement minutes passed.
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.
1-wp 1209.15.doc
Dusane
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1209 OF 2015
Mr. Pravin T. Kotak …Petitioner
V/s.
The Special Recovery & Sales …Respondents Officer & Ors.
BHALCHANDRA GOPAL DUSANE
Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2022.10.12 18:16:54 +0530
Mr. Sean Wassoodew a/w Tanmay Karmarkar for Petitioner.
Ms. Sayli Wani i/by Suhail Khan for Respondent nos. 1 and 2.
Dr. D.S. Hatle a/w Deepak Jamsandekar for Respondent nos. 3 and 4.
Mr. P.P. Pujari, AGP for State- Respondent no. 5.
CORAM: MADHAV J. JAMDAR, J. DATE: 11th OCTOBER, 2022
P.C.:
1. The Petitioner has challenged order dated 20th November
2014 passed in Revision Application No. 377 of 2011 by the Divisional Joint Registrar, Mumbai Division, Mumbai.
2. The Advocate of the Petitioner and Advocate of Respondent
nos. 1 and 2 have tendered Minutes of Order dated 11th October 2022, signed by the respective Advocates. The said Minutes of
1
1-wp 1209.15.doc
Order is taken on record and marked “X” for identification. The
said Minutes of Order reads as under:
(a) The principal amount of Rs.26,49,000/would be paid on 31st October 2022. (b) Rs.9,40,576.50 being the 50% of the total interest amount i.e. Rs.18,81,153/would be paid on or before 31st March 2023.
(c) and the remaining interest amount of Rs.9,40,576.50 would be paid on or before 30th June 2023.”
3. In view of said Minutes of Order, order dated 20th November 2014 passed in Revision Application No.377 of 2011 passed by the Divisional Joint Registrar, Mumbai Division, Mumbai is set aside and order in terms of Minutes of Order is passed.
4. The Writ Petition is disposed of in above terms with no order as to costs.
(MADHAV J. JAMDAR, J.)
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2 issues framed by the court
Whether to uphold the settlement terms agreed upon by parties in the minutes of the order.
Whether to set aside the prior order dated 20th November 2014.
BHALCHANDRA GOPAL DUSANE
The Special Recovery & Sales Officer
MADHAV J. JAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
