Disposed

Shashwati Deshmukh v. Anjali Sapre

Bombay HC19 Dec 2023S/13/2023

Case brief

AI extract

What is this about?

Consent terms settling a suit regarding the estate of Ashok and Harshal Sapre. Plaintiff agrees to release claims in exchange for Rs. 80 lakhs and execution of Release Deeds for property and car.

What did the court decide?

Agreement to settle suit in lieu of Rs. 80 lakhs upon execution of Release Deeds and transfer of assets.

What the court decided

Shashwati Deshmukh Vs Anjali Sapre — Succession and Inheritance | Bombay HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶2

ORDIn'ARY ORIGI NAL CML JURISDICTION

surT No. 13 0F 2023

Shashwati Deshmukh

. . . Plaintiff

Versus

Anjali Sapre & Ors.

. . . Defendants

CONSENT TERMS

I The parties with the intervention of well-wishers and the Ld. Mediator appointed by this Hon'ble Court have agreed to settle all their disputes on the following terms and conditions.

¶11

2 It is agreed, ordered and declared that the Plaintiffshall, in lieu ofall her rights, title, interest and claims in relation to the estate of late Mr. Ashok Sapre and Mr. Harshal Sapre as well as any claims against the Defendants, be paid an amount of Rs. 80,00,000/- (Rupees Eighty lakhs only) as tull and final settlement of all her claims against the estate of the Late^Mr. Ashok Sapre and Mr. Harshal Sapre.

¶12

3 It is agreed, ordered and declared that the Plaintiffdoes hereby release, renounce, relinquish and disclaim all her undivided share, right, title, interest and claims^{in relation to theestateof} late Mr. Ashok Sapre and late Mr. Harshal Sapre^as well^{as all} claims against the Defendarrts herein. For^{the avoidance of} doubt the Plaintiff agrees and confirms that^{the Plaintiff shall} not claim any share, right, title^{and interest in the estate of}

4.fl.e-

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Defendant No.l upon her demise as the widow of the predeceased son ofthe Defendant No. L

¶17

4 The said amount of Rs. 80,00,000/- (Rupees Eighty Lakhs only) shall be paid in the following manner:

¶18

i) As per Order dated 30th June 2023 tlte Defendant No. 3 i.e. Coforge Limited ("the Company',) was directed to deposit the endowment dues payable to Mr. Harshal Sapre in the Hor.'ble Bombay High Court. Accordingly, the Company has deposited a sum of Rs. 72,91,457l- (Rupees Seventy_Two Lakhs Ninety-One Thousand Four Hundred and Fifty Seven Only) in the Hon'ble Court.

¶19

ii) Thereafter the Defendants within the period of l0 days of filing these Consent Terms shall handover a Demand Draft ofthe remaining amount ofRs .7,08,5431- (Rupees Seven Lakhs Eight Thousand Five Hundred and Forty Three Only) to Hon'ble Mr. Justice Akil Kureshi (Retd.), the Ld. Mediator appointed by this Hon'ble Court. It is further recorded that upon Registration of documents as more particularly stated under clauses 5, 6, 7 arrd 8, the Ld. Mediator shall forthwith release the aforesaid Demand Draft to the plaintiffand the Defendants shall not object or obstruct to the same.

¶20

iii) The Plaintiff will be able to withdraw the aforesaid entire amount of Rs. 72,91,457l- (Rupees Seventy_Two Lakhs Ninety One Thousand Four Hundred and Fifty Seven Only) along with accrued interest if any from the Hon,ble Court, only

4^ff'E.

after and subject to completion ofregistration ofRelease Deeds along with certain other documents and Car Registration Transfer as more particularly stated under clauses 5, 6,7 and,8. The Ad.vocate for the Plaintiff shall file precipe for withdrawal of the said amount upon registration of the above document is complete. The Advocates for the Defendants shall give their consent on the same.

¶25

5 The Plaintiffshall execute all documents as may be required by the Defendants for perfecting their title to the estate of late Mr. Ashok Sapre and late Mr. Harshal Sapre, including but not limited to Release Deeds, affidavits, declarations and similar documents as recorded herein.

¶26

6 The Parties have simultaneously with the execution of these Consent Terms also executed the following documents:

¶27

i. Release Deed of Flat No. B-2d4 Chamunda Apartment, situated at Sangodkar Nagar, Opp. W. E. Highway, Near Mini Nagar, Rawalpada, Dahisar (E), Mumbai - 400068 jointly owned in the name of Smt. Anjali Ashok Sapre and Late. Shri. Ashok Moreshwar Sapre;

¶28

ll. Release Deed of Flat No. 8-304 Iftitartha Jeevan CHS. Ltd., situated at L.T. Nagar Road No. I, M. G. Road, Goregaon (W), Mumbai - 400062^jointly owned in the name of Late Shi. Moreshwar Dinkar Sapre and Smt. Anjali Ashok Sapre;

ftA5-

lll Aftidavit cum NOC for car registration transfer, originally owned by Late. Shri. Harshal Ashok Sapre bearing Registration No. MH47AN2639 & Chassis No. MAKGM657EK44OI845;

¶33

iv. Aflidavit cum Declaration for ornaments which were already handed over to the plaintiffon 02.10.2021;

¶34

7 It is agreed between the parties that for registration of the Release Deeds and Other Documents the plaintiff shall, within a period of l0 days Aom a written intimation being served upon her, make herself available for registration at an office of Sub_ Registrar of Assurances in Mumbai. It is further agreed that if the Plaintiff fails to remain present for registration despite of writtcn intimation, then the Defendants shall be entitled to apply to the Prothonotary and Senior Master to nominate any officer of this Hon,ble Court as the prothonotary and Senior Master may deem fit and proper to attend the Office of Sub_ Registrar of Assurances to admit the execution of the documents on behalf of the plaintiff and for registration of the same. The Plaintiff agrees and undertakes that she shall not object to such registration and shar not obstruct the same in any manner whatsoever.

¶35

IJ It is agreed between the parties that for the purpose of car registration transfer before RTO, the plaintiff shall make herself available within the period of l0 days from the writren intimation being served upon her at an office of RTo, Mumbai. It is firther agreed that if the plaintiff fails to remain present

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for Car registration transfer despite of written intimation, then the Defendants shall be entitled to apply to the Prothonotary and Senior Master to nominate any offrcer of this Hon'ble Court as the Prothonotary and Senior Master may deem fit and proper to attend the RTO to admit the execution of the documents on behalf of the Plaintiff and for car registration transfer. The Plaintiff hereby agrees and undertakes that she shall not object to such registration transfer and shall not obstruct the same in any manner whatsoever.

¶40

It is recorded that the documents as registered under Clauses 6, 7 and 8 shall be kept in escrow with Hon'ble Mr. Justice Akil Kureshi (Retd.), the Ld. Mediator appointed by this Hon'ble Court. It is agreed that upon the Plaintiff receives the entire amount of Rs.72,91,457l- (Rupees Seventy-Two Lakhs Ninety One Thousand Four Hundred and Fifty Seven Only) along with accrued.. interest if any from the Hon'ble Court and the Defendants upon furnishing the proof of payment of Rs. 7,08,5431- (Rupees Seven Lakhs Eight Thousand Five Hundred and Forty Three Only) to the Plaintifl of the amount being deducted from the Defendants Bank Account, the Ld. Mediator shatl forthwith release all documents to the Defendants. The Plaintiff agrees and undertakes that she shall not object to or obstruct the release of the documents by the Ld. Mediator for any reason whatsoever once the entire payment of Rs. 80,00,000/- (Rupees Eighty Lakhs Only) is received by her.

¶41

The Defendants shall file the Income Tax Retums of late Mr. Harshal Sapre only upon receipt of form 16/ 16A from the

A.A.S

employer of Late Mr. Harshal Sapre. It is agreed between the parties that in case there is any income tax refund which is required to be received, the same shall be received by the Defendants and such refund should be adjusted against the liability if any, further all such liability including cess, interest or penalty which is required to be paid to the income tax authorities in relation to the estate of late Mr. Harshal Sapre, after adjusting the Refund the said amount shall be borne equally by the Plaintiffon one hand and the Defendants on the other hand. The Plaintiffshall pay her share to the Defendants within a period of l0 days of the Defendants furnishing to the Plaintiff acknowledgement/ receipt of the tax paid. The Defendants shall also share a ccpy of ITR acknowledgement with the copy of the filled ITR form upon receipt of share from the plaintiff.

¶46

I l. The Defendants, upon execution of the Consent Terms, will furnish to the Plaintiffan external hard disk and containing data which relates to the^plaintiff and late Mr. Harshal Sapre which was available on the electronic devices available with the Defendants. The Defendants confirm and assure that none of the data contained in the extemal hard disk has been retained by the Defendants on any other electronic device or as hard copies. The Defendants will format in the presence of the Plaintiff and the Ld. Mediator the mobile phone being Samsung Galaxy S20FE which belongs to late Mr. Harshal Sapre. The Defendants shall also handover the original Marriage Certificate of the Plaintiffwith Late Mr. Harshal Sapre.

h.s.'

No variation of these Consent Terms shall be binding on any Party unless such variation is in writing and signed by both the Parties.

¶51

That, the parties hereby undertake to abide by the present Consent Terms. However, on account ofbreach of the Consent Terms by either parry, the other party shall be entitled to revive all the proceedings in relation to the subject matter, which shall be withdrawn at present in pursuance to the execution of these Consent Terms and also take all action/ file proceedings for the breach of the terms of these Consent Terms and unCertaking given to this Hon'ble Court, as the case may be.

¶52

That, it is clearly understood by the parties that the respective obligations as contained in the present Consent Terms shall be considered as undertaking given to the Hon'ble Court by the respective party and therefore in the event of breach of any of the conditions agreed hereby, apart from the action to be taken by the other Party, they may be held liable for the breach of such an undertaking given to the Hon'ble Court.

¶53

The parties herein have executed these Consent Terms with free consent and without any undue force and coercion.

¶54

All the expenses relating to registration of documents, starnp duty, Affidavits shall be solely borne by the Defendants and the Plaintiffshall not be responsible in any manner to bear any such expenses.

n'Ar⁹

The parties agree that upon compliance of all the terms hereof, the parties shall jointly apply to the Hon,ble Court to dispose off the Suit.

¶59

Liberty to apply.

¶60

R Dated this \1 day of [",..\ o- 2023

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Plaintiff

Defendant No. I

Defendant No. 2

Mr. Chirag Chanani Advocate for the plaintiff

¶67

Dua Associates AOR, Mumbai Advocates for Defendant Nos. 1 and2

¶68

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¶69

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¶70

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¶71

ffi,r{r?r rr,rriT / Enrollment No^{'l21BI17?49lOO813}

¶72

Antah Ashok Sapre. B-204, Chamunda Appa(menl. westsrn Express Highway Road, Rawal Pada, sangpdlar nagar Dah6ar Easl Dahis6r Mumba' Maharashtra 400068 9004a81218

¶73

Rel: 70/^{198/ 137887i} 139650^P

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¶76

No.:

¶77

8916 6041 3045

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¶92

I Sangodker Nag€r

¶93

N^{Opp West6m Erp.essHighwEy Road Rawatpada} Oahrsar ; East R^Mumbai Oehisar Mumbai Mumbai Maharashtra 400068 9004881219

¶94

Rel: 62 / 179 / 35013 / 35967 / P

¶95

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sTlrrqrtsTrqRfiiS / Your Aadhaar No. :

¶97

2435 5186 9225

¶98

GIITTR - TIFITET cprflsrqfu6n

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ftinq *iftr tl Vishal Ashok Sapr6

¶103

q-q E{/ Y€6r of Birth : 1991

¶104

Sfq^{/ Male}

¶105

,t 2435 5186 9225

¶106

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¶107

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¶108

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 13 OF 2023

¶109

Shashwati Deshmukh ...Plaintiff

¶110

Versus

¶111

Anjali Sapre & Ors. Defendants

¶112

CONSENT TERMS

¶113

Dated this 1qK day of [ .,. .\ "^, 2023

Shashwati Deshmukh v. Anjali Sapre

Case brief

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Shashwati Deshmukh v. Anjali Sapre

Case brief

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