2021 (3) TMI 1450

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....For the Petitioner(s) No. 1, 2, 3 : Mr. B.S. Soparkar (6851). For the Respondent(s) No. 2 : Mrs. Mauna M Bhatt (174). For the Respondent(s) No. 1 : Notice Served By Ds(5). ORAL ORDER (PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH) 1. We have heard Shri S.N. Soparkar, learned Senior Counsel assisted by Mr. Bandish Soparkar learned counsel for the petitioners, Shri Manish....

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....nts were concluded. The respondent No.1 formally pronounced the case as settled and also noted the terms of settlement. However, the only text of the order under section 245D(4) of the Act, 1961 was pending to be issued which has not been done till date. Such averments are contained in paragraphs 2.5 and 3.8 of the petition which are reproduced below: "2.5 Final hearing of the settlement ....

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....herefore submitted that the issuance of the formal order in writing now is a procedural requirement and not substantive adjudication that has already completed. It is therefore submitted that such procedural requirement cannot be stalled by the subsequent amendment which has also not come into effect." 5. In the above facts and circumstances, Shri Soparkar has prayed for an appropriate mandamus....