The court disposed of the writ petition by quashing the impugned order and directing the petitioner to continue monthly payments to the respondent. Petitioner deposited dues as agreed.
Impugned order dated 10.12.2019 quashed; petitioner directed to continue monthly payments.
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.
56-wp-13295-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 13295 OF 2022
Pradeep Karsandas Bhatia
...PETITIONER
V/s.
Shardul Vijay Parikh
...RESPONDENT
Mr. A.K. Upadhyay, Advocate for the Petitioner.
Mr. Jaydeep Deo, Advocate for the Respondent.
CORAM:ABHAY AHUJA, J.
DATE:15th JUNE, 2023
P.C.:
1. On 5th April, 2023 following order was passed :-
1.Heard learned counsel for the petitioner and learned
counsel for the respondent.
2.Learned counsel for the petitioner has handed over
demand draft of Rs.7,20,000/- to learned counsel for
respondent. Respondent is present in Court, he has accepted
the said demand draft.
3.Learned counsel for the petitioner submits that the
petitioner would deposit remaining arrears of the amount
before 28th June 2023. Learned counsel for respondent
strongly objected to this as sufficient chances are already
given to the petitioner to deposit the amount.
KSG 1/3
56-wp-13295-2022.doc
4.Considering the submissions of both learned counsel,
the petitioner shall give the remaining amount of arrears on
or before 15th June 2023.
5.Learned counsel for respondent submits that demand
draft of Rs.7,20,000/- is accepted without prejudice to the
rights of respondent. His statement is accepted.
6. Stand over to 15th June, 2023.
2.Today when the matter is called out, learned Counsel for the
petitioner hands over demand draft for sum of Rs.7,80,000/- for
the remaining arrears to the learned Counsel for the Respondent.
The respondent who is present in Court has accepted the demand
draft. Learned Counsel for the Respondent submits that the total
amount as directed by the Court has been received by the
Respondent and the Respondent has no objection if the order
dated 10th December, 2019 passed below MARJI No.232 of 2019 is
quashed and set aside.
3.By consent of the learned Counsel for the Petitioner and the
Respondent, obtained on instructions, the order dated 10th
December, 2019 of the Trial Court below MARJI No.232 of 2019 is
quashed and set aside.
KSG 2/3
56-wp-13295-2022.doc
4. Learned Counsel for the Respondent submits that the money has been received and accepted by the Respondent without prejudice to his rights.
5. Learned Counsel for the Petitioner, on instructions, states that the petition having been worked out, the petitioner would continue to comply with the order dated 28th October, 2016 of the Trial Court by making payment of Rs.20,000/- per month to the Respondent.
6. Liberty to the petitioner to move application before the Trial
Court.
7. The writ petition stands disposed of in the above terms.
(ABHAY AHUJA, J.)
KSG 3/3
Pradeep Karsandas Bhatia
Shardul Vijay Parikh
Abhay Ahuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court