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Bombay High Court

VIBHAG NIYANTRAK MAHA. RAJYA PARIVAHAN MAHAMANDAL PUNE DIV. AND ORSversusARJUN DATTATRAY SHIRKE

Decided
Disposal
Disposed Off

Holding

The High Court held that the settlement recorded on 13 July 2026 supersedes the earlier Industrial Court orders, and therefore the writ petitions are disposed with the orders modified accordingly.

Summary

The Vibhag Niyantrak Maha. Rajya Parivahan Mahamandal Pune Division filed three writ petitions against respondents Mohan Digambar Chavare, Arjun Dattatray Shirke and the late Sanjay Dattatray Virkar. The petitioners sought correction of names in the pleadings and a resolution of disputes arising from orders of the Industrial Court. On 13 July 2026, a meeting was held between the parties, and a settlement was recorded in minutes, which the petitioners submitted to the court. The court accepted the settlement, ordered that the Industrial Court's earlier orders be modified and substituted in accordance with the agreement, and permitted the petitioners to withdraw the amounts deposited with accrued interest for payment to the respondents or their heirs. Consequently, all three writ petitions were disposed of.

Issues considered

  • Whether the High Court can modify and substitute the orders of the Industrial Court based on a settlement between the parties.
  • Whether correction of the names of respondents in the writ petitions is permissible.
  • Whether the petitioners may withdraw the amounts deposited with interest for settlement payments.

Subjects

  • settlement
  • writ petition
  • correction of pleadings
  • Industrial Court order modification
  • withdrawal of deposits
  • interest
  • civil appellate jurisdiction

Judgment

Renuka                                         10-WP-1936-2024.docx


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION
                  WRIT PETITION NO. 1936 OF 2024
Vibhag    Niyantrak Maha.    Rajya             ...Petitioners
Parivahan Mahamandal Pune Div. And
Ors
                 V/s.

Mohan Digambar Chavare                         ...Respondent
                               WITH
                  WRIT PETITION NO. 1941 OF 2024
Vibhag    Niyantrak Maha.    Rajya             ...Petitioners
Parivahan Mahamandal Pune Div. And
Ors
                 V/s.

Arjun Dattatray Shirke                         ...Respondent
                               WITH
                  WRIT PETITION NO. 1938 OF 2024
Vibhag    Niyantrak Maha.    Rajya             ...Petitioners
Parivahan Mahamandal Pune Div. And
Ors
                 V/s.

Sanjay Dattatray Virkar                        ...Respondent
                             ________________
Mr. Nitesh V. Bhutekar with Mr. Prathamesh Mandlik and Ms. Priyesha
Patel for Petitioner.
Mr. V. N. Jadhav for Respondent.
                             ________________
                                     CORAM: SANDEEP V. MARNE, J.
                                      DATED: 7 SEPTEMBER 2026.


P.C.:



                              Page No.1 of 2
                           7 SEPTEMBER 2026
                          Renuka                                                10-WP-1936-2024.docx


                          1)           In order dated 28 April 2025, following corrections be
                          carried out in the title of Writ Petition No. 1941 of 2024. Name of the
                          Respondent be corrected as Arjun Dattatray Shirke. Similarly in
                          paragraph Nos. 4 and 5, the name Sachin Dattatray Virkar be replaced as
                          Sanjay Dattatray Virkar.


                          2)           Mr. Bhutekar, the learned counsel appearing for the
                          Petitioners has placed on record copy of the minutes of meeting held on
                          13 July 2026 between representatives of the Petitioners and the
                          Respondents Mr. Mohan Chavare and Mr. Arjun Shirke. It appears that
                          the Respondent in third Petition Sanjay Dattatray Virkar has passed
                          away. His legal heirs were also present in the meeting held on 13 July
                          2026. In the meeting, parties have agreed to amicably resolve the
                          disputes. The minutes of the meeting are taken on record and marked ‘X’
                          for identification.


                          3)           Accordingly, the Writ Petitions are disposed of by placing on
                          record the settlement arrived at between the parties in the Minutes of
                          the Meeting dated 13 July 2026. The orders passed by the Industrial
                          Court shall accordingly stand modified and substituted by the
                          arrangement agreed in the Minutes of Meeting dated 13 July 2026. The
                          Petitioners are permitted to withdraw the amounts deposited in this
                          Court alongwith accrued interest for the purpose of making necessary
                          payments to the Respondents/their heirs.


                                                                             [SANDEEP V. MARNE, J.]


Signed by: Renuka S Thakur
                                                            Page No.2 of 2
Designation: PA To Honourable Judge                      7 SEPTEMBER 2026
Date: 08/09/2026 12:39:46


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