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SCA/11807/2009 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11807 of 2009
To
SPECIAL
CIVIL APPLICATION No. 11819 of 2009
=========================================
SAVJIBHAI
LAKHABHAI SOLANKI, GOVT. APPROVED CONTRACTOR
Versus
GANDHIDHAM
MUNICIPALITY
=========================================Appearance
:
MR KG SUKHWANI
for the Petitioner
MS
KJ BRAHMBHATT for the
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 22/03/2010
COMMON
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Heard
the learned counsel for the parties.
In
view of the consent terms agreed between the parties, the present
petitions are disposed of. The consent terms are reproduced
hereunder:
1. The
petitioner above named has filed Special Civil Applications No.11807
to 11819 of 2009 inter-alia seeking the directions to finalize the
contracts by finalizing the final bill and making the payment
thereof.
2. During
the pendency of the captioned petitions, the parties to the
proceedings have settled the dispute inter-se amicably. As per the
settlement between the parties, respondent-Municipality shall pay the
petitioner a sum of Rs.35,00,000/- (Rupees Thirty Five lacs only) by
11 (Eleven) installments each of Rs.3,00,000/- (Rupees Three lacs
only) and last cheque of Rs.2,00,000/- (Rupees Two lacs only)
payable at the interval of 30 days. The above cheques will be handed
over to the petitioner on or before 6th April 2010.
3. The
petitioner agrees that the aforesaid amount of Rs.35,00,000/- is
towards full and final settlement of the amounts claimed from the
respondent-Municipality in the captioned petitions and on realization
of the said amount, the petitioner will not be entitled to claim any
further amount in this regard.
4. In
view of the aforesaid settlement between the parties, it is agreed
between the petitioner and the respondent- Municipality that this
consent terms shall be placed on record of the petition and would
request this Hon’ble High Court to dispose of the petitions in view
of the consent terms arrived between the parties herein. It is
understood that the petitioner would be at liberty to revive the
petitions in case the amounts mentioned herein above are not paid as
stated in para 2 above.
5. The
Advocates of the petitioner and respondent-Municipality confirm that
they are authorized to sign the consent terms.
In
view of the consent terms, the matter is amicably settled.
The
learned counsel for the respondent Municipality has filed Fax copy
of the authority letter.
The
petitioner is present in the court and has authorized his advocate to
sign the consent terms.
(BHAGWATI
PRASAD, J.)
(J.C.UPADHYAYA,
J.)
omkar
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