1 7.10 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.7 OF 2010 WITH CIVIL APPLICATION NO.321 OF 2010 IN FAMILY COURT APPEAL NO.7 OF 2010 Smt.Yashaprabha Gangadhar Kotian ...Appellant Versus Shri.Gangadhar Narayan Kotian ...Respondent WITH FAMILY COURT APPEAL NO.24 OF 2010 WITH CIVIL APPLICATION NO.322 OF 2010 IN FAMILY COURT APPEAL NO.24 OF 2010 Shri.Gangadhar Narayan Kotian ...Appellant Versus Smt.Yashaprabha Gangadhar Kotian ...Respondent ...... Ms.Seema Sarnaik for Appellant in FCA/7/2010 & for Respondent in FCA/24/2010. Ms.Neeta Jain for Respondent in FCA/7/2010 & for Appellant in FCA/24/2010. ...... CORAM:- A.M.KHANWILKAR AND MRS.MRIDULA BHATKAR, JJ. (IN CHAMBERS) DATED:- APRIL 6, 2011. P.C. The matters were placed in Chambers to facilitate parties to resolve 2 7.10 all their disputes inter se. After interacting with the parties and deliberation for almost more than 45 minutes in the presence of the father of the appellant in the former appeal (hereinafter referred to as the `wife’ and respondent therein as `husband’ for the sake of convenience), the following arrangement has been agreed upon by both the sides on the basis of which, the Cross Appeals as well as the Applications ought to be disposed of. (1)The husband undertakes to pay sum of Rs.18,00,000/- (Rupees Eighteen Lakhs) to the wife within three months from today in three equal instalments. The first instalment would become payable on or before 21st April, 2011 and the successive two instalments will be paid on or before 20th May, 2011 and 20th June, 2011 respectively. (2)In case, the husband fails to pay any singular instalment in time, shall be liable to pay interest at the rate of 24% per annum from the date of default on the outstanding amount till it is fully paid to the wife. (3) It is agreed between the parties that on payment of the above amount, all claims between the parties will stand resolved and 3 7.10 the wife will be deemed to have waived all her rights in the property presently in possession of the husband i.e. Pratiraksha Nagar Co-operative Housing Society Ltd., Flat No.15, Building No.1, Vakola Bridge, Santacruz (East), Mumbai – 400 055. In that event, the husband will become full and absolute owner of the abovesaid property. Besides, the wife will not set up any further claim against the husband. (4)It is agreed that upon payment of entire amount of Rs. 18,00,000/- and interest thereon, if any, by the husband, that will be full and final satisfaction of the decree passed by the Family Court. (5) Further, until the entire amount referred to above is paid by the husband to the wife, he shall not create any third party rights; interest or title in the above mentioned property. (6)The husband assures to take steps to delete the name of the wife from the existing ration card and hand over the documents in support thereof to be issued by the competent Authority to the wife as expeditiously as possible. This assurance given by the husband is accepted. (7)The husband undertakes to remit the instalment amounts 4 7.10 directly in the account of the wife with the Central Bank of India, Andheri Branch, the details of which are already available with him. (8)The Appeals as well as Applications will stand disposed of on the above basis on the full payment along with interest, if any, is made by the husband and receipt thereof acknowledged by the wife. (9)In case of default reported to the Court, the present proceedings will automatically stand revived. (10) In the event, the Appeals and Applications are disposed of on the satisfaction of the above terms, all interim orders passed by this Court and/or the decree passed by the Family Court will stand vacated and/or satisfied, as the case may be. Ordered accordingly. (MRS.MRIDULA BHATKAR, J.) (A.M.KHANWILKAR, J.)