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Bombay High Court

MYLAN LABORATORIES LTD.versusABHINEET SATISHCHANDRA JHA

Decided
Disposal
Disposed Off

Holding

The writ petition is disposed of in view of the consent terms.

Summary

Mylan Laboratories Ltd. filed a writ petition against Abhineet Satishchandra Jha. Both parties jointly appeared before the Bombay High Court and submitted that they had amicably resolved all disputes. The court recorded the consent terms, which were signed in the presence of the parties, and ordered that the petitioner may withdraw the entire amount deposited with interest. The petitioner must transfer the agreed sum to the respondent’s account within 15 days, and the payment will be treated as an ex gratia amount for income‑tax purposes. The employer is directed to issue a tax certificate to the respondent. The court disposed of the writ petition on the basis of the consent terms.

Issues considered

  • Whether the court can enforce the consent terms and permit withdrawal of the deposited amount with interest
  • Whether the payment under the consent terms qualifies as ex gratia for tax purposes

Subjects

  • consent decree
  • civil appellate jurisdiction
  • ex gratia payment
  • income tax certificate
  • amicable settlement
  • withdrawal of deposit

Judgment

Renuka Thakur                                              2-WP-2095-2026.docx


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION
                       WRIT PETITION NO. 2095 OF 2026
Mylan Laboratories Ltd.                               ...Petitioner
                     V/s.

Abhineet Satishchandra Jha                            ...Respondent
                                 ________________
Mr. Parag Kabra i/b DSK, Legal for Petitioner.
Mr. Bennet D’costa a/w Mr. Jignesha Pandya, Mr. Sushant Dekhane for
Respondent.
                                 ________________
                                          CORAM: SANDEEP V. MARNE, J.
                                           DATED: 22 SEPTEMBER 2026.


P.C.:


1)               The learned counsel appearing for the parties jointly submit
that parties have amicably resolved the disputes amongst them. The
consent terms are tendered. Signatories to the consent terms are
personally present before the Court to admit their signatures on the
consent terms as well as the contents thereof. The Consent terms are
taken on record and marked 'X' for identification. Petitioner is permitted
to withdraw the entire deposited amount in this Court alongwith the
accrued interest. The statements made in the consent terms are accepted
as undertakings given to the Court. Accordingly, upon withdrawal of the
amount from this Court, Petitioner shall transmit the agreed amounts in
the account of the Respondent within 15 days. The amount paid to the


                                     Page No.1 of 2
                                  22 SEPTEMBER 2026
                          Renuka Thakur                                                 2-WP-2095-2026.docx


                          Respondent under the consent terms shall be treated as ex gratia
                          payment for the purpose of income tax liability and the Petitioner-
                          employer shall issue a certificate to that effect to the Respondent.


                          2)              Writ Petition is disposed of, in view of the consent terms.


                                                                                [SANDEEP V. MARNE, J.]




Signed by: Renuka S Thakur
                                                               Page No.2 of 2
Designation: PA To Honourable Judge                         22 SEPTEMBER 2026
Date: 23/09/2026 11:52:37


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