- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. APPEAL NO.1197 OF 2001 IN WRIT PETITION NO.1745 OF 1995 ... Shri Vinod Bhagwan Waghela ...Appellant v/s. 1.The B.D.Petit Parsee General Hospital and anr. ...Respondents ... Mr.Piyush Shah for the Appellant. Mr.S.Ramaswamy with Mr.D.D.Juvekar for the Respondents. ... CORAM: D.K.DESHMUKH & J.H.BHATIA, JJ. DATED: 13TH SEPTEMBER, 2007 - 2 - P.C.: By consent of parties, the Appeal is disposed of in following terms: (i) Within a period of one week from today the Appellant shall file an undertaking in this court undertaking to this court to vacate the quarter No.37, presently occupied by him, and hand over vacant and peaceful possession thereof to the Respondent within a period of three months from today. (ii) In case such an undertaking is filed, the Respondent shall permit the Appellant to occupy the quarter for a period of three months from today. On expiry of which, the Appellant in terms of his undertaking, referred to above, shall hand over possession of the quarter to the Respondent. (iii) The Respondent shall within a period of four weeks from today make payment to the mother of the Appellant of the retiral dues of the father of the - 3 - Appellant, who was in the service of the Respondent, which may have remained unpaid with interest at the rate of 9% p.a. from the date on which the dues were payable till the date on which they are actually paid. (iv) Appeal disposed of. (D.K.DESHMUKH, J.) (J.H.BHATIA, J.) - 4 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO.3043 OF 2001 IN APPEAL NO.1197 OF 2001 IN WRIT PETITION NO.1745 OF 1995 ... Shri Vinod Bhagwan Waghela ...Appellant v/s. 1.The B.D.Petit Parsee General Hospital and anr. ...Respondents ... Mr.Piyush Shah for the Appellant. Mr.S.Ramaswamy with Mr.D.D.Juvekar for the Respondents. ... - 5 - CORAM: D.K.DESHMUKH & J.H.BHATIA, JJ. DATED: 13TH SEPTEMBER, 2007 P.C.: In view of the order passed in Appeal, motion does not survive for consideration. Disposed of as such. (D.K.DESHMUKH, J.) (J.H.BHATIA, J.)