Bombay High Court
M/S. Reliance Enterprises vs Devraj Chetnath Upadhyay And Ors on 2 March, 2020
Author: A. S. Gadkari
Bench: A. S. Gadkari
ssm 1 1-aost28630.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER (STAMP) NO. 28630 OF 2019
WITH
INTERIM APPLICATION NO. 1 OF 2019
IN
APPEAL FROM ORDER (STAMP) NO. 28630 OF 2019
M/S. Reliance Enterprises .....Appellants.
Vs.
Devraj Chetnath Upadhyay & Ors. .....Respondents.
Mr. G.S. Godbole, Senior Advocate i/by Shivani Samel for the Appellants.
Mr. S.S. Aradhye, amicus cuarie for the Respondent No.1
Mr. Yogesh Dabake, AGP for the Respondent No.2-State.
CORAM : A. S. GADKARI, J.
DATE : 2nd MARCH, 2020.
P.C.:-
Mr. Godbole, learned Senior Counsel for the Appellants submitted that, the Appellants and the Respondent No.1 (contesting Respondent) have amicably settled the matter and entered into the Consent Terms.
Consent Terms dated 2nd March, 2020 are tendered across the bar. The said Consent Terms are duly signed by the authorized representative of Appellants, Respondent No.1 and their signatures have been identified by their respective Advocates. The said Consent Terms are 1/3 ssm 2 1-aost28630.19.doc taken on record and marked 'X' for identification. The undertakings mentioned in the Consent Terms are treated as undertakings given to this Court.
3 Mr. Godbole, learned Senior Counsel for the Appellants submitted that, the Appellants will adhere with the schedule of payment mentioned in the Consent Terms. He further, on instructions from his client, assures this Court that, the post-dated cheques mentioned in the Consent Terms will be honoured on presentation. (photo copies of those cheques are annexed to the Consent Terms). The said statement on behalf of the Appellants is also treated as an undertaking given to this Court. 4 The record indicates that, in pursuance of Order dated 27 th September, 2019 passed by this Court, the Additional Collector (ENC & REM) has decided the said Appeal No. 4546 of 2018 by it's Order dated 7 th January 2020. By the said Order, the concerned Authority has remanded the proceedings back before the Deputy Chief Executive Officer and Competent Authority (Marketing) for considering the claim of eligibility of Respondent No.1 on the Suit premises.
5 In view thereof, the Deputy Chief Executive Officer and the Competent Authority (Marketing), is hereby directed to decide the said Application/claim of the Respondent No.1 within a period of six weeks from the date of receipt of the present Order.
In case, the said decision of Deputy Chief Executive Officer and 2/3 ssm 3 1-aost28630.19.doc Competent Authority (Marketing) is rendered against the Respondent No.1 herein, the same shall not be implemented for the period of 4 weeks after the communication of such decision to Respondent No.1. 6 It is made abundantly clear that, the present Consent Terms are arrived at between the parties, in view of the due deliberation which took place in the Court and only on humanitarian grounds, as the Respondent No.1 is suffering from visual disability (Blindness).
The Consent Terms arrived at between the Appellants and the Respondent No.1 therefore, should not be treated as a precedent and will not have binding effect in any other litigation instituted by any other member of the Respondent No.3 Society or any other claimants claiming eligibility in the said redevelopment project undertaken by the Respondent No.3.
7 Before parting with the present Order, this Court deems it appropriate to place on record a word of appreciation for the sincere efforts put in by Mr. S.S. Aradhya, learned amicus-cuarie, who represented the Respondent No.1 in ablely assisting this Court. 8 Appeal is disposed off in the aforesaid terms.
In view of disposal of the Appeal itself, Interim Application No. 1 of 2019 does not survive and is also disposed off. Digitally signed by Sanjiv S. Sanjiv S. Mashalkar Mashalkar (A.S. GADKARI, J.) Date: 2020.03.09 18:15:57 +0530 3/3