1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Writ Petition No.1436 of 2007 1. Jehangir A. Rabadi & ors. .. .. Petitioners (org. complainants) v/s. 1. Competent Authority to Government of Maharashtra & ors. .. .. Respondents Mrs.Geeta P. Mulekar for petitioners. Mr.N.K. Singh i/by Mr.M.P.Vashi for respondent no.3. Petitioner nos.1, 2 & 3 present. Respondent no.3 present. Mr.G.K.Wadhwa present. ----- CORAM : SMT.RANJANA DESAI & SMT.ROSHAN DALVI, JJ. Dated : 24 th January 2008 P.C. : 1. The petitioners had made a complaint before the Competent Authority to the Government under the Notaries Act, 1952 and in Form XIII of the Notaries Rules, 1956, inter alia, making the following grievances:- “ (a) While notarizing the alleged Deed of Gift the Respondent have deliberately put his stamp and seal on the stamp of the stamp paper so to obliterate stamp 2 endorsement made by the stamp vendor. (b) Serial number of the document notarized by the Respondent and entered in his register by signature of his clients has not been mentioned. (c) The signature of the donor and donees are not identified by the advocate or the Respondent has not mentioned any where on the alleged Deed of Gift that Respondent knows his clients personally. (d) The donor has signed his signature on the alleged deed of Gift in Gujarati language but no where it is mentioned by the Respondent that he has interpreted and explained the contents of the said alleged document in the language known and understood by the donor.” That complaint was disposed of by the Competent Authority by its order dated 29.9.2006. By this order, the complaint has been ordered to be filed. This order was confirmed by the 1 st respondent. Being aggrieved by these orders, the petitioners have filed this petition. 3 2. Today, petitioner nos.1, 2 and 3 and respondent no.3- Mr.G.K.Wadhwa are present in the court. Counsel for the petitioners as well as the counsel for respondent no.3 are also present. We are informed by counsel for the petitioners and counsel for the 3rd respondent that the petitioners and the 3 rd respondent have entered into Consent Terms. They have tendered in the court the Consent Terms signed by the petitioners and the 3rd respondent and their respective counsel. Petitioner nos.1, 2 and 3 and the 3rd respondent, who are present in the court, confirm that they have signed these Consent Terms. Since these Consent Terms are between the petitioners and the 3rd respondent, needless to say that they are not binding on any third parties. There is a pending litigation between the petitioners and the donees of the alleged Gift Deed. These Consent Terms would also not bind the said donees or any one claiming through them and all their contentions are kept open. They would be entitled to raise their contentions as and when required during the course of the pending proceedings. 4 3. We have particularly asked the 3rd respondent whether he has understood the purport of these Consent Terms and whether he has signed the Consent Terms of his free will, to which he has answered in the affirmative. We have also told him that he may be called upon to give evidence by the petitioners' opponents in the pending proceedings and he may be cross- examined and any proceedings, criminal or civil, may be initiated against him. He stated that he is aware of this and he has signed the Consent Terms knowing all this and at his risk. We make it clear that we have expressed no opinion as to whether the petitioners' contentions are true or not. We have expressed no opinion as to whether the 3rd respondent is guilty of any misconduct or offence or not. If at any point of time any proceedings are initiated against the 3rd respondent in any court or before any authority in connection with the statements made by him in these Consent Terms, that authority may deal with the case independently and in accordance with law. 5 4. In view of the above, we take these Consent Terms on record. They are marked `X'. The petition stands disposed of in terms of the Consent Terms. 5. Office shall hand over the Register and Receipt Books, which are in its custody pursuant to our order, to respondent no.3. (SMT.RANJANA DESAI, J.) (SMT.ROSHAN DALVI, J.)