Bombay High Court
FABTECH PROJECTS AND ENGINEERS PVT. LTD.versusYOGESH K. PHALKE
- Decided
- Disposal
- Disposed Off
Holding
The court, based on the parties' settlement, ordered payment of Rs.2,00,000, issuance of an unconditional experience certificate, withdrawal of the reference, and consequently disposed of the writ petition.
Summary
Fabtech Projects and Engineers Private Limited filed a writ petition against Yogesh K. Phalke seeking relief concerning an experience certificate and a reference (IDA No. 74 of 2026). After hearing, the parties negotiated a settlement wherein the petitioner agreed to pay Rs.2,00,000 to the respondent as full and final settlement. The petitioner also undertook to issue a clean, unconditional experience certificate within one week. In return, the respondent consented to withdraw the reference IDA No. 74 of 2026 upon receipt of the payment and certificate. The court, acknowledging the settlement, ordered compliance with these terms and disposed of the writ petition, declaring that no further claims exist between the parties.
Issues considered
- Whether the petitioner is obligated to issue an unconditional experience certificate to the respondent.
- Whether the reference (IDA) No. 74 of 2026 should be withdrawn upon settlement.
Subjects
- settlement
- experience certificate
- withdrawal of reference
- writ petition
- civil appellate jurisdiction
- full and final settlement
Judgment
Neeta Sawant 911-WP-9602-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9602 OF 2026
Fabtech Projects and Engineers ...Petitioner
Private Limited
: Versus :
Yogesh K. Phalke ...Respondent
Mr. Anand Pai with Mr. Sahil Sayyed, Ms. Lavanya Panicker i/b. Ms. Esha
Malik, for the Petitioner.
Mr. Yogesh K. Phalke, Respondent in person.
CORAM: SANDEEP V. MARNE, J.
DATED: 24 SEPTEMBER 2026.
P.C.:
1) After hearing the petition for some time, the parties have
agreed to resolve the disputes. The Petitioner has agreed to pay to the
Respondent an amount of Rs.2,00,000/- towards full and final
settlement. Petitioner has also agreed to issue to the Respondent a clean
and unconditional Experience Certificate in respect of the services
PAGE NO. 1 of 2
Thursday, 24 September 2026
Neeta Sawant 911-WP-9602-2026.docx
rendered by him with the Petitioner. The Petitioner shall issue
Experience Certificate to the Respondent within a period of one week.
2) Respondent has agreed to withdraw Reference (IDA) No. 74
of 2026 upon receipt of compensation of Rs.2,00,000 /- and issuance of
Experience Certificate. In view of the settlement reached between the
parties, the Writ Petition is disposed of. None of the parties shall have
any claims against each other.
NEETA
SHAILESH [SANDEEP V. MARNE , J.]
SAWANT
Digitally signed by
NEETA SHAILESH
SAWANT
Date: 2026.09.24
15:08:02 +0530
PAGE NO. 2 of 2
Thursday, 24 September 2026
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