1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. WRIT PETITION NO.2695 OF 2007 Sir Dorabji Tata Trust. ...Petitioner. Vs. Balu Fakir Rathod & Ors. ...Respondents. .... Mr. K.M. Naik for the Petitioner. Mr. M.M. Vashi for Respondent No.1. ..... CORAM :DR.D.Y.CHANDRACHUD, J. March 7, 2008. P.C.: At the hearing of the petition, Shri Naik, Learned Counsel for the Petitioner is instructed by an authorised representative, while Shri Mukesh Vashi, Learned Counsel for the First Respondent is instructed by the First Respondent who is personally present in Court. During the course of the hearing, Learned Counsel have on the instructions of the parties requested the Court that the following order may be passed in terms of the agreement that has been arrived at between the parties: 2 1. Counsel appearing on behalf of the Petitioner states that the Petitioner has deposited the entire wages due and payable to the First Respondent as directed by the Industrial Court from 1st August 1994 (the date of retrenchment) until 3rd February 2003 (the date of superannuation). The Petitioner has no objection to the aforesaid amount being withdrawn by the First Respondent together with the accrued interest, if any, thereon. It is agreed that the aforesaid amount shall be withdrawn by the First Respondent in full and final settlement of all the claims, demands and outstandings of the First Respondent. 2. The Court Receiver shall forthwith stand appointed as Receiver of the accommodation in the occupation of the First Respondent, namely, Flat No.E-III-2, Tata Housing Centre, Andheri (East), Mumbai. The First Respondent shall for a period of ten weeks from today stand appointed as an agent of the Court Receiver without any security or royalty. The First Respondent undertakes to hand over vacant possession of the premises to the Court Receiver who shall, in turn, upon the expiry of the period stipulated hereinabove 3 hand over possession to the Petitioner upon which the Court Receiver shall stand discharged. The commission of the Court Receiver shall thereupon be paid by the Petitioner. In the event that the First Respondent fails and neglected to hand over possession to the Court Receiver, the Court Receiver shall take forcible possession and hand over possession to the Petitioner. 3. It would be open to the First Respondent to file an undertaking with the Court Receiver in terms of this order in lieu of executing an agency agreement. 4. The First Respondent agrees and undertakes to unconditionally withdraw RAD Suit No.1004 of 2007 pending before Court Room No.43, in the Small Causes Court . The petition is accordingly disposed of by consent since no other point is pressed. ....