Bombay High Court
Chintamani Shankar Godbole vs Sudhir Shankar Godbole And 5 Ors on 2 May, 2022
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
15 s-827-15..doc
Digitally
signed by
LAXMI
LAXMI SUBHASH
SUBHASH SONTAKKE
SONTAKKE Date:
2022.05.04
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
15:53:24
+0530
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 827 OF 2015
Chintamani Shankar Godbole ..Plaintiff
Vs.
Sudhir Shankar Godbole & Ors. ..Defendants
WITH
COUNTER CLAIM (L) NO. 11 OF 2020
IN
SUIT NO. 827 OF 2015
Sudhir Shankar Godbole ..Plaintiff
Vs.
Chintamani Shankar Godbole & Ors. ..Defendants
Ms Rucha Jag-Reheja for the Plaintiff in Suit.
Ms Gauri M. i/b. LJ Law for Defendant No.1 in Suit & for Plaintiff
in CCL/11/2020.
Mr. Chintamani Godbole, Plaintiff is present.
Mr. S. S. Surve, Section Officer, Office of Court Receiver is prsent.
CORAM:- B. P. COLABAWALLA,J.
DATE :- MAY 02, 2022.
Laxmi page 1 of 4
15 s-827-15..doc
P. C.:
1. The matter is taken out of turn.
2. When the above matter is called out, the learned Advocate appearing on behalf of the Plaintiff as well as Defendant No.1 have stated before the Court that the disputes inter-se between them have been settled and tendered consent terms which have been signed by the Plaintiff on 29th April, 2022 and by Defendant No.1 on 17th March, 2022. The reason why the consent terms have been signed on two different dates is because Defendant No.1 is a resident of USA and the consent terms have been signed by him in USA. The consent terms have also been apostilled. The consent terms provide that the Suit against the other Defendants shall stand dismissed as withdrawn. I am informed that Defendant No.1 has also filed a counterclaim in the above Suit and because of the aforesaid consent terms Defendant No.1 now seeks to withdraw the aforesaid counterclaim.
3. The consent terms have been signed by the Plaintiff who is present in Court today. He has stated that the he has signed the consent terms after reading and understanding the same as well as the implications thereof. The consent terms have also been signed by Defendant No.1. Since Defendant No.1 is a resident of USA, he is not present before the Court today. However, the learned Advocate Laxmi page 2 of 4 15 s-827-15..doc appearing on behalf of Defendant No.1 has stated before the Court that she is in a position to identify the signature of Defendant No.1.
4. The consent terms have also been signed by the Advocate for the Plaintiff and the Advocate for Defendant No.1.
5. In these circumstances, the consent terms (signed by Defendant No.1 on 17th March, 2022 and by the Plaintiff on 29 th April, 2022) are taken on record and marked 'X' for identification. There shall be an order and decree in terms of the consent terms.
6. The Suit against Defendant No. 2 and 6 shall stand dismissed as withdrawn. The 1st Defendant is allowed to withdraw the Counter Claim (L) No. 11 of 2020 in Suit No. 827 of 2015 and the same is also dismissed as withdrawn.
7. Refund of court fees, if any, as per rules.
8. As provided in the consent terms, the hardship compensation deposited by Defendant No.6 with the office of the Prothonotary and Senior Master as per order dated 16 th October, 2015 along with accrued interest thereon shall be paid over to Defendant No.1 alone and the Plaintiff shall have no claim with respect to the same.
Laxmi page 3 of 4
15 s-827-15..doc
9. Similarly, the balance amount lying with the Prothonotary and Senior Master deposited by Defendant No.6 towards displacement compensation shall be allowed to be withdrawn by the Plaintiff alone and Defendant No.1 shall have no claim with regard to the same.
10. I am informed that the Court Receiver is appointed in relation to the suit flat. As per Clause 3 of the consent terms, the Court Receiver, High Court, Bombay is hereby discharged without passing accounts but on payment of costs, charges and expenses of the Court Receiver. The possession of the suit flat shall be handed over by the Court Receiver to the Plaintiff on the payment of the costs, charges and expenses of the Receiver. The costs, charges and expenses of the Receiver shall be paid by the Plaintiff within a period of two weeks from the date of the Receiver raises his bill in that regard, on the Advocates for the Plaintiff.
11. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
( B. P. COLABAWALLA, J. )
Laxmi page 4 of 4