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Bombay High Court

SRINATH MADHUSUDAN KHAITAN AND ANRversusGNET TRADE LINKS PVT LTD THROUGH ITS DIRECTOR SATISH BINDUMADHAV KULKARNI

Decided
Disposal
Disposed Off

Holding

The appeal is disposed of, and the earlier decree is modified and substituted by the terms of the lawful compromise.

Summary

In a second appeal before the Bombay High Court, the appellants and the respondent jointly requested that the appeal be taken on board to record a compromise, as the parties had amicably resolved their dispute. The court accepted the consent terms, which were signed by both parties and evidenced by a demand draft of Rs.5,50,000 paid to the respondent. The consent terms were deemed a lawful compromise and were marked ‘X’ for identification. Consequently, the court disposed of the second appeal, modifying the decree of the first appellate court to reflect the settlement. The interim application was also disposed of.

Issues considered

  • What is the effect of a court‑recorded compromise on the pending appeal and the earlier decree?

Subjects

  • compromise
  • settlement
  • civil appellate jurisdiction
  • decree modification
  • consent terms
  • court‑recorded settlement

Judgment

2026:BHC-AS:35115

              Megha                                             501_sa_561_2024 with ia_12689_2024


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
                                 SECOND APPEAL NO.561 OF 2024
                                            WITH
                             INTERIM APPLICATION NO.12689 OF 2024
                                             IN
                                 SECOND APPEAL NO.561 OF 2024

              Srinath Madhusudan Khaitan and Anr.                   ...Appellants

                                V/s.

              GNET Trade Links Pvt. Ltd.                           ...Respondent
                                           ________________
              Mr. Prashant J. Pandit for the Appellants.
              Mr. Uzair Surangiwala i/b. M/s. M.K. Saboo & Associates for the
              Respondent.
                                           ________________


                                                      CORAM: SANDEEP V. MARNE, J.

                                                      DATED: 25 AUGUST 2026.


              P.C.:


              1)      Second Appeal is not on board. At the joint request of the learned
              counsel appearing for the parties, who have submitted that the parties
              have amicably resolved the disputes, the Appeal is taken on board for
              recording the compromise.


              2)      The learned counsel appearing for the parties have placed on
              record consent terms, which are signed by the Appellants as well as by


                                               Page No.1 of 2
                                              25 August 2026
                          Megha                                                 501_sa_561_2024 with ia_12689_2024


                          the Respondent/Plaintiff. Under the consent terms, the Respondent/
                          Plaintiff has agreed to settle the disputes by accepting an amount of
                          Rs.5,50,000/-. Accordingly, a Demand Draft in the sum of Rs.5,50,000/- is
                          handed over to the authorised signatory of the Respondent. perusal of
                          the consent terms indicates that the same constitute a lawful
                          compromise. Signatories to the consent terms are personally present
                          before the Court. They admit their signatures on the consent terms as
                          well as contents thereof. The consent terms are taken on record and
                          marked ‘X’ for identification.


                          3)          Second Appeal is accordingly disposed of in view of the consent
                          terms. Decree of first Appellate Court shall accordingly stand modified
                          and be substituted by the arrangement agreed in the consent terms.


                          4)          Interim Application stands disposed of.


                                                                                [SANDEEP V. MARNE, J.]




Signed by: Megha S. Parab
                                                               Page No.2 of 2
Designation: PA To Honourable Judge                           25 August 2026
Date: 27/08/2026 11:36:48


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