Bombay High Court

THANE MUNICIPAL TRANSPORT UNDERTAKING AND ANR.versusATMARAM GOPAL SHINDE AND ORS.

Decided: 26 March 2026
Disposal: Disposed Off
Bench: AMIT BORKAR

Holding

The petition against respondent No.13 is disposed of on the basis of the consent minutes of order.

Summary

The Thane Municipal Transport Undertaking filed a writ petition in the Bombay High Court. During the proceedings, the petitioners amicably resolved their dispute with the heirs and legal representatives of respondent No.13. A Consent Minutes of Order was filed, recording that two cheques totaling Rs.8,10,322 were handed over to the heirs, who accepted receipt. The court took the consent minutes on record and held that the claim against respondent No.13 is fully settled. Consequently, the portion of the writ petition concerning respondent No.13 was disposed of, while the petition against the remaining respondents continues to remain pending.

Issues considered

Whether the petition against respondent No.13 can be disposed of on the basis of a consent order and settlement of the claim

Subjects

consent order
settlement
writ petition
civil appellate jurisdiction
cheque payment
disposal of petition

Judgment

                                                                            11-wp3654-2018.doc


                      VRJ
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
VAIBHAV
RAMESH
JADHAV
Digitally signed by
                                      WRIT PETITION NO.3654 OF 2018
VAIBHAV
RAMESH JADHAV
Date: 2024.03.21
17:03:36 +0530




                      Thane Municipal Transport Undertaking
                      & Anr.                                      … Petitioners
                               V/s.
                      Atmaram Gopal Shinde & Ors.                 … Respondents

                                                  WITH
                                INTERIM APPLICATION (ST.) NO.24974 OF 2022
                                                   IN
                                      WRIT PETITION NO.3654 OF 2018


                      Lata Kailash Lohar                          … Applicant
                            In the matter between
                      Thane Municipal Transport Undertaking
                      & Anr.                                      ... Petitioners
                                  V/s.
                      Atmaram Gopal Shinde & Ors.                 … Respondents


                      Mr. N. R. Bubna for the petitioners.
                      Mr. Ravindra B. Nair with Mr. C. M. Lokesh for the
                      applicant in IA and for respondent Nos.13 in WP.



                                                 CORAM       : AMIT BORKAR, J.

                                                 DATED       : MARCH 21, 2024
                      P.C.:

                      1.      Learned advocate for the petitioners states that the
                      petitioners have amicably resolved their dispute with the heirs and
                      legal representatives of respondent No.13. The heirs and legal




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                                                        11-wp3654-2018.doc


representatives of respondent No.13 are present in Court. Learned
advocate for heirs and legal representatives of respondent No.13 is
also present in the Court.

2.    The Consent Minutes of Order is tendered which contains a
recital that cheque of Rs.4,61,380/- dated 27 th February 2024 and
another cheque of Rs.3,48,942/- dated 27th February 2024 have
been handed over to the heirs and legal representatives of
respondent No.13. The heirs and legal representatives of
respondent No.13 accept receipts of cheques.

3.    The claim in relation to dues to respondent No.13 stands
settled in view of Consent Minutes of Order. The Consent Minutes
of Order is taken on record and marked ‘X’ for identification.

4.    The writ petition stands disposed of against respondent
No.13 in terms of Consent Minutes of Order. However, petition
against rest of the respondents shall remain pending.


                                             (AMIT BORKAR, J.)




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