Dwijal Shrikant Ashar (Petitioner) vs Amit Shrikant Ashar (Respondent) — Bombay HC (2025) — LawSathi Research

Dwijal Shrikant Ashar (Petitioner) vs Amit Shrikant Ashar (Respondent) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suit, Petitions and Interim Application disposed of in terms of the Consent Terms; undertakings in paragraphs 10 to 20 of the Consent Terms accepted as undertakings to the Court; court fees to be refunded in accordance with the Rules with certificate from the Prothonotary and Senior Master; liberty to present certified copies before the Collector of Stamps or Sub-Registrar of Assurances for property transfers.

Issue for consideration

Whether the Consent Terms executed between the parties are valid, lawful and voluntary such that the Suit, Petitions and Interim Application may be disposed of in terms thereof.

Court's answer

Consent Terms tendered in both matters were taken on record and marked 'X'; the parties affirmed that the Consent Terms were executed voluntarily, of their own free will, and uninfluenced by coercion or undue pressure.

Ratio / Principle

The undertakings recorded in paragraph Nos. 10 to 20 of the Consent Terms are accepted as undertakings to the Court.

Key takeaways

The present Suit, Petitions and the Interim Application stand disposed of in terms of the Consent Terms.ratio¶21
The Registry is directed to ensure that the hard copy of the signed Consent Terms is permanently retained as part of the Court record and is not destroyed in the ordinary course.ratio¶24
Court fees are to be refunded in accordance with the Rules; for the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso thereto, the date of the order is treated as the date of claim for refund; the Prothonotary and Senior Master will issue a refund certificate, actionable on production of an authenticated copy of the order without a separate application.

Detailed headnote1 paragraphs

Bombay High Court (Testamentary and Intestate Jurisdiction), Kamal Khata, J. (10 July 2025): By consent, the Consent Terms executed between the parties in Interim Application (L) No. 23695 of 2023 (in Testamentary Petition No. 234 of 2018, estate of Shrikant Mukundrai Ashar) and Testamentary Suit No. 184 of 2024 (in Testamentary Petition No. 1429 of 2024, estate of Purnima Shrikant Ashar) were taken on record, marked 'X', and found voluntary, lawful and a true reflection of the parties' intent. The undertakings in paragraphs 10 to 20 of the Consent Terms were accepted as undertakings to the Court, and the Suit, Petitions and Interim Application were disposed of in terms of the Consent Terms. Court fees were directed to be refunded in accordance with the Rules, with the date of the order treated as the date of claim under Section 43 of the Maharashtra Court Fees Act and its proviso, and a refund certificate to issue from the Prothonotary and Senior Master on production of an authenticated copy of the order without a separate application. The Registry was directed to permanently retain the signed Consent Terms on the Court record, and the parties were granted liberty to present certified or authenticated copies of the Consent Terms and the order before the Collector of Stamps or the Sub-Registrar of Assurances to effect the property transfers contemplated therein.

901-IAL-23695-2023.DOC

sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

INTERIM APPLICATION (L) NO.23695 OF 2023

IN

TESTAMENTARY PETITION NO. 234 OF 2018

Amit Shrikant Ashar … Applicant/Petitioner v/s. Chief Commissioner of Income Tax-1(A), Income Tax Department & ors. … Respondents In the matter of Shrikant Mukundrai Ashar ...Deceased Amit Shrikant Ashar ...Petitioner

TESTAMENTARY SUIT NO.184 OF 2024

IN TESTAMENTARY PETITION NO.1429 OF 2024

Purnima Shrikant Ashar … Deceased v/s. Dwijal Shrikant Ashar … Petitioner

Mr. Ankit Rajput i/by Mr. Rutvij Bhatt for the Applicant in IAL/23695/2023 and for the Respondent in TP/184/2024. Mr. Rajshekhar V. Govilkar, Senior Advocate, i/by Mr. Akash Kotechar for Respondent No.1.

Digitally signed SANDHYA by SANDHYABHAGU BHAGU WADHWA WADHWA Date:2025.07.15 15:29:31 +0530

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901-IAL-23695-2023.DOC

Mr. Abhay Dhadiwal a/w Ms. Vidhi Karia i/by Jayakar & Partners for the Plaintiff in TS/184/2024 and for Respondent No.2 in IAL/23695/2023.

CORAM : Kamal Khata, J. DATED : 10^th July 2025.

P.C.:-

Parties have executed Consent Terms having settled their disputes. The Consent Terms tendered in both matters are taken on record and marked ‘X’ for identification with today’s date. The Advocates have identified the signatures of the respective parties. The parties affirm that the Consent Terms have been executed voluntarily, of their own free will, and are a true reflection of their intentions, uninfluenced by any coercion or undue pressure.

I am satisfied that the Consent Terms are in order, not contrary to law and have been drawn by the parties voluntarily as an expression of their true intent.

The undertakings recorded in paragraph Nos. 10 to 20 of the Consent Terms are accepted as undertakings to the Court.

The present Suit, Petitions and the Interim Application stand disposed of in terms of the Consent Terms.

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901-IAL-23695-2023.DOC

The Registry shall ensure that the hard copy of the signed Consent Terms is permanently retained as part of the Court record and is not destroyed in the ordinary course.

Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso thereto, today’s date shall be considered the date of claim for refund. The Prothonotary and Senior Master will issue a certificate for a refund of Court Fees, which shall be acted upon production of an authenticated copy of this order without requiring a separate application.

To effect the property transfers contemplated in the Consent Terms, liberty is granted to the parties to present a certified or authenticated copy of these Consent Terms and a certified or an authenticated copy of this order before the Collector of Stamps or the Sub-Registrar of Assurances, if so required.

(Kamal Khata, J.)

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