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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