Bombay High Court
CHARMIE FENIL SETHIAversusFENIL HARSHAD SETHIA
- Decided
- Disposal
- Disposed Off
Holding
The Court granted leave to withdraw the writ petition and ordered the return of the deposited amount with interest.
Summary
The petitioners filed an interim application seeking to withdraw their writ petition after reaching a settlement reflected in consent terms filed before the Family Court. The consent terms allowed the petitioner to withdraw a deposited amount of Rs.6,00,000 along with any interest. Both parties submitted copies of the consent terms, and the petitioner’s senior counsel requested the withdrawal. The Court, after considering the submissions, granted leave to withdraw the writ petition in accordance with the consent terms. It also ordered that the deposited amount be returned to the petitioner with interest, if any, and disposed of the connected interim application.
Issues considered
- Whether the writ petition may be withdrawn in view of the consent terms filed before the Family Court?
- Whether the petitioner is entitled to the return of the deposited amount of Rs.6,00,000 with interest?
Subjects
- consent terms
- withdrawal of writ petition
- family court settlement
- deposit return
- interest
Judgment
78-IA-11687-2025 (C).doc
Tikam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 11687 OF 2025
IN WRIT PETITION NO. 8142 OF 2024
VAISHALI
ANIL Charmie Fenil Sethia ...Petitioner/s
TIKAM Versus
Fenil Harshad Sethia ...Respondent/s
Digitally signed
by VAISHALI
ANIL TIKAM
Date: _________________________________________________________________
2026.10.08
18:12:58 +0530
Ms Seema Sarnaik, Senior Counsel i/by Sangeeta Salvi a/w. Sangita
Kalsekar and Pooja Chettiar, Advocates for Petitioner.
Ms. Chaitra Pawar i/by Ms. Jigna Dedhia, Advocate for Respondent.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 7th OCTOBER, 2026.
P.C. :
1. Heard learned Senior Counsel for the Petitioner and learned
counsel for Respondent.
2. Both learned counsel tendered xerox copy of the Consent
Terms. It is taken on record.
3. Both learned counsel submit that the Consent Terms are filed
before the Family Court and matter is settled out of the Court.
4. Learned Senior Counsel for the Petitioner, on instructions,
seeks leave to withdraw this Writ Petition in view of the consent terms.
Learned Senior Counsel further submitted that as per paragraph 5 of the
consent terms, Petitioner be permitted to withdraw the deposited amount
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78-IA-11687-2025 (C).doc
Tikam
of Rs.6,00,000/- along with interest thereon.
5. Considering the submissions of learned Senior Counsel for the
Petitioner, leave is granted to withdraw the Writ Petition in view of the
consent terms. The Petitioner is permitted to withdraw the deposited
amount of Rs.6,00,000/- along with interest, if any.
6. The connected Interim Application is also also disposed of.
(SHIVKUMAR DIGE, J.)
Page 2 of 2
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