FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR SECOND APPEAL NO. 405/2005 (Mrs. Prabha Manoharrao Vazalwar & 4 ors vs. Ajit Bakery) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 15 th JULY, 2008. Civil Application NO. 4824/08 Heard Shri S.S.Voditel, Advocate, for the appellants with appellant No. 5 in person and Shri Chouhan, Advocate, for respondent no.1 with Respondent No.1 in person. Shri S.K.Mishra, Advocate, present for respondent No.2. The appellants and Respondent No.1 have arrived at compromise and they have filed compromise application seeking decree in terms of the said compromise. Respondent No.2 has “no objection” considering the nature of the matter. It appears that only appellant no.5 is the signatory to this application. It is informed that appellant no.5 is holding the power of attorney for rest of the appellants. Hence, subject to filing of the copy of that power of attorney, to be verified by the office, this application is allowed. The second appeal is formally allowed to pass a decree in terms of the compromise terms as mentioned in this application in para 4, thus, “(i) The appellants shall pay a total amount of Rs.30 lakhs to the respondent no.1 in the following manner: (a) Rs.10.00 LACS vide cheque No.854160 drawn on BANK OF INDIA, DHARAMPETH, NAGPUR dated 30.06.08. (b) Rs.20.00 LACS vide cheque No.854161 drawn on BANK OF INDIA, DHARAMPETH, NAGPUR dated 26.12.08 on or before 1st January, 2009 before handing over vacant possession of the said premises as aforesaid. (ii) The respondent No.1 after receiving the entire payment as stated above shall deliver vacant and peaceful possession of the tenanted premises bearing Plot area about 1500 sq. ft. with structure standing thereon on or before 14th January, 2009 and on realization of above cheques the tenancy rights shall stand terminated. (iii) In the event the respondent no.1 after recei9pt of the above agreed amount does not vacate the premises and hands over peaceful and vacant possession of the same on or before 14th Jan. 2009 and after the realization of both the cheques, the appellants would be entitled to execute this decree for obtaining possession of the tenanted premises from the Executing Court. (iv) In the event the appellants fail to pay the balance amount of Rs.20,00,000/- to the respondent no.1 despite his preparedness to hand over vacant possession of the premises as aforesaid shall result in canceling this settlement. (v) The appellants shall withdraw all legal proceedings filed by appellants against respondent no.1 pending in any court of law in respect of the aforesaid property. (vi) All taxes, cesses and other outstanding dues on account of water and electricity in relation to the tenanted premises would the liability of the respondent no.1 and would be cleared by it. The respondent no.1 shall clear all outstanding dues of water, electricity and other taxes levied against the tenanted premises before vacating the same. In case, after vacating the premises any outstanding dues payable by the respondent no.1 are required to be paid by the appellants, then the appellants would be entitled to recover the said amount from the respondent no.1. (vii) The respondent no.1 shall clear all outstanding amount of account of rent till the month preceding the execution of this Compromise i.e. till December, 2008 and would pay the said amount before vacating the premises.” No order as to costs. Decree be drawn accordingly. JUDGE Rvjalit