Disposed

Milind G. Arsekar., v. Joao Francisco Rodrigues and 2 Ors.

Bombay HC16 Feb 2023MCA/53/2020

Case brief

AI extract

What is this about?

The High Court of Bombay at Goa disposed of Special Civil Suit No.108/97, Second Appeal No. 65/2018, and Civil Application (Review) No. 21/2019 based on consent terms signed by the parties.

What did the court decide?

Disposed of Special Civil Suit No.108/97, Second Appeal No. 65/2018, and Civil Application (Review) No. 21/2019 based on consent terms. No order for costs.

Milind G. Arsekar., Vs Joao Francisco… — Civil Procedure and Limitation | Bombay HC (2023)

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1- CAREV 21-19.DOC

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Amrut

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IN THE HIGH COURT OF BOMBAY AT GOA

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CIVIL APPLICATION (REVIEW) NO. 21 OF 2019 IN

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SECOND APPEAL NO. 65 OF 2018

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MILIND G. ARSEKAR.… Applicant
Versus
JOAO FRANCISCO
RODRIGUES AND 2 ORS… Respondents

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Mr Sudin Usgaonkar, Senior Advocate with Ms. Tanisha
Mashelkar, Advocate for the Applicant.
Ms Amira Razaq, Advocate for Respondent Nos. 3(a) and 3(c).

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CORAM: M. S. SONAK, J.
DATED : 16th FEBRUARY 2023

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P.C.:

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1. The learned counsel for the parties hand in the consent terms that are taken on record and marked 'X' for the purposes of identification.

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2. The consent terms have been signed by the Applicant and Respondent Nos. 3(a) and 3(c). Respondent No.3(b) has expired. The consent terms have also been signed by the Advocates for the parties who have identified the parties.

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Page 1 of 3 16^th February 2023

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1- CAREV 21-19.DOC

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3. The consent terms indicate that the matter has been proceeding ex-parte against Respondent Nos. 1 and 2 even before the trial Court.

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4. Respondent No.3 is a partnership firm of which Respondent Nos. 3(a) and 3(c) are partners. Respondent No.3(a) Victor Monteiro is present in the Court. So also the Applicant Milind Arsekar is present in the Court.

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5. Both these parties state that they have signed these consent terms after understanding their full scope and import. They say that they want to settle the dispute based on the consent terms.

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6. On perusing the consent terms, there is no reason not to accept the same and dispose of the proceedings between the parties based thereon.

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7. Accordingly, the consent terms are taken on record. All proceedings including the review application, Second Appeal, and most importantly Special Civil Suit No.108/97 are now stand disposed of in terms of the consent terms. It is ordered accordingly.

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8. An appropriate decree consistent with the consent terms should therefore be drawn out.

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9. The proceedings are disposed of consistent with the consent terms. There shall be no order for costs.

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Page 2 of 3 16^th February 2023

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1- CAREV 21-19.DOC

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10. All Civil Applications pending in the matter are also disposed of accordingly.

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 M. S. SONAK, J.

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TARI AMRUT NAGESH Digitally signed by TARI AMRUT NAGESH Date: 2023.02.17 17:21:05 +05'30'

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Page 3 of 3 16^th February 2023

Milind G. Arsekar., v. Joao Francisco Rodrigues and 2 Ors.

Case brief

What is this about?

What did the court decide?

Milind G. Arsekar., v. Joao Francisco Rodrigues and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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