M/S. Shreeraj Developers LLP vs. Radhavi Tiwari
Held
The Court noted that the Appellant and Respondents had amicably settled the dispute through Consent Terms dated July 19, 2022. The Court accepted the undertakings given in the Consent Terms as undertakings to the Court. In terms of clause vii (a) of the Consent Terms, the Respondents agreed to apply for cancellation of the original agreement and for a refund of stamp duty, GST, and TDS, if any. The Court directed that if any such application is made by the Respondents to the concerned authority, it shall be decided in accordance with law, and the Appellant shall extend cooperation. Consequently, Civil Suit No.1422 of 2021 was disposed of, and Appeal from Order No.365 of 2021 along with Interim Application No.3109 of 2021 were also disposed of in view of the settlement.
Facts
The Appellant, M/s. Shreeraj Developers LLP, and the Respondents, Radhavi Tiwari and Ors., had a dispute that formed the subject matter of Civil Suit No.1422 of 2021 filed in the City Civil Court at Dindoshi. The parties have amicably settled their dispute through Consent Terms dated July 19, 2022. The Appellant's counsel undertook to submit a duly endorsed copy of the executor's Aadhar Card. The Consent Terms were signed by the Appellant, Respondents, and their respective Advocates. The Respondents agreed to apply for the cancellation of the original agreement and for a refund of stamp duty, GST, and TDS, if any, from the concerned authorities. The Appellant agreed to cooperate with the Respondents in this process.
Key Issues
1. Whether the dispute between the Appellant and Respondents has been amicably settled as per the Consent Terms filed before the Court, and if so, what is the consequence for the pending proceedings? (Question of fact and law) Contentions: Appellant: Submitted that Consent Terms have been executed by an authorized representative and undertook to provide further documentation. Argued that the dispute has been settled and the suit should be disposed of. Respondents: Submitted that in terms of the Consent Terms, they would apply for cancellation of the original agreement and seek refund of stamp duty, GST, and TDS. Stated that any such application would be decided in accordance with law. Argued that the suit should be disposed of based on the settlement.
Sections Cited
GST
AI-generated summary — verify with the full judgment below
ao.365.21.doc Ajay
IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 365 OF 2021 WITH INTERIM APPLICATION NO. 3109 OF 2021 IN APPEAL FROM ORDER NO. 365 OF 2021 M/s. Shreeraj Developers LLP .. Appellant Versus Radhavi Tiwari and Ors. .. Respondents .................... Mr. Amogh Singh i/by Jeet Gandhi, Advocate for the Appellant. Mr. Omkarnath R. Tiwari, Advocate for Respondent. Ms. Radhavi Tiwari and Geeta Tiwari, Respondent Nos.1 and 2 present. ................... CORAM : MILIND N. JADHAV, J. DATE : JULY 19, 2022 P.C.
:
Appellant (original Plaintiff) and Respondents (original Defendants) have tendered Consent Terms dated 19.07.2022 having amicably settled the dispute which is the subject matter of Suit being Civil Suit No.1422 of 2021 filed in the City Civil Court at Dindoshi.
Mr. Singh instructed by Mr. Gandhi Advocate on behalf of the Appellant states that the Consent Terms have been executed by authorised representative of the Appellant. Mr. Singh undertakes to submit a duly endorsed copy of the Aadhar Car
The judgment continues below.
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