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2013 DIGILAW 2453 (BOM)

Resources International v. Maini Shipping Pvt. Ltd.

2013-12-02

B.R.GAVAI, F.M.REIS

body2013
JUDGMENT (B.R. Gavai, J.) The matter has been amicably settled between the parties. The consent terms are signed by Smt. Meena Deepak Rajani, on behalf of appellant No.1 which is a partnership firm, appellant No.2 who is her husband, and appellant No. 3 another partner i.e. herself. It is also signed by the respondent, through its Director. The Counsel appearing on behalf of both the parties have also signed the consent terms. 2. Some apprehension is expressed by Shri Supekar, learned Counsel appearing for the respondent to the effect that appellant No.2 has not signed himself. 3. Shri Pereira, learned Senior Counsel appearing on behalf of the appellant submits that appellant No.1 is presently in Mozambique and he has authorised appellant No.3 who is his wife to sign on behalf of himself. 4. Appellant No.2 has authorised appellant No.3 who is his wife to sign the consent terms and to take such steps as are necessary for withdrawal of the amount from this Court. 5. Undisputedly, appellant No.3 is also a partner of appellant No.1 and wife of appellant No.2. In any event, the consent terms are also signed by the Counsel for the appellants. 6. We, therefore, find that the signatures by appellant No.3 for self, on behalf of appellant no.2 – her husband and appellant No.1 Firm would be sufficient to bind all the appellants. 7. The authority letter signed by appellant No.2 in favour of appellant No.3 is taken on record and marked “X-1” for identification. The consent terms are also taken on record and marked “X” for identification. 8. As per the consent terms, the appellants shall be entitled to recover a sum of Rs.87,49,399/- which is deposited by the appellants in this Court. 9. Though, in the consent terms it is stated that respondent has agreed to pay an additional sum of Rs.50,601/-, Shri Pereira, learned Senior Counsel gratuitously states that the appellants are not insisting on the said sum of Rs.50,601/- and would not insist on the payment of the cheque for the said sum. 10. In that view of the matter, that part of the consent terms which require payment by the respondent of an amount of Rs.50,601/-, shall stand deleted from the said consent terms. 11. The appeal is, therefore, disposed of in terms of the consent terms which are placed on record as Annexure “X-1”. 10. In that view of the matter, that part of the consent terms which require payment by the respondent of an amount of Rs.50,601/-, shall stand deleted from the said consent terms. 11. The appeal is, therefore, disposed of in terms of the consent terms which are placed on record as Annexure “X-1”. The impugned judgment, order and decree shall stand modified in terms of the consent terms. Respective undertakings by the parties with signatures, are taken on record, and shall be treated as an undertaking to this Court.