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2025 DAILYLAW 35564 (BOM)

MOHAMMED FARHAN CUTCHI AND ANR v. ABDUL AZIZ CHOWHAN AND 2 ORS

AUA/3/2021 · 2025-03-03

Shri Valmiki Menezes

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

AUA 3 of 2021 Sonam IN THE HIGH COURT OF BOMBAY AT GOA APPEAL UNDER ARBITRATION ACT NO.3 OF 2021 MOHAMMED FARHAN CUTCHI AND ANR ... APPELLANTS Versus ABDUL AZIZ CHOWHAN AND 2 ORS ... RESPONDENTS Mr. Jatin Ramaiya with Mr. Omkar Thakur, Advocates for the Appellants. Ms. Vaishali Mahato, holding for Ms. Sailee Kenny, Advocate for Respondent Nos. 2 and 3. CORAM:- VALMIKI MENEZES, J. DATED :- 3rd March, 2025 P.C.: 1. On 27.02.2025, Appellant Nos.1 and 2 and Respondent Nos.2 and 3 had jointly filed the Consent Terms, which are taken on record and marked 'X' for identification. The Consent Terms have been signed by Appellant Nos.1 and 2 and Respondent Nos.2 and 3. Respective Advocates have identified their signatures. Appellant No.1 represented by Appellant No.2, as attorney in terms of clause 26 of the Power of Attorney annexed to the Consent Terms is empowered to enter into the said Consent Terms. Appellant No.1 and Respondent Nos.2 and 3 were personally present in the court and apart from identifying their signatures, stated that the Consent Terms have been entered upon by these parties with their consent and without any coercion. Consent 3rd March, 2025 AUA 3 of 2021 terms are worked out specifically between Appellant Nos.1 and 3 on one hand and Respondent Nos.2 and 3 on the other hand. Respondent No.1 is not a party to the Consent Terms and shall not be bound by these Consent Terms. Respondent No. 1 was dropped from this proceedings by this Court's order dated 27.02.2025, at the risk of the Appellants. 2. Consequently, the Consent Terms having been taken on record, and according to the parties therein having been signed with their knowledge, would result in the disposal of the Appeal. The Appeal shall stand disposed of between Appellant Nos.1 and 3 on one hand and Respondent Nos. 2 and 3 on the other hand in terms of the Consent Terms. VALMIKI MENEZES, J. 3rd March, 2025