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2026 Supreme(Online)(SCDRC) 4180
MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,MUMBAI, BENCH AT AURANGABAD
Milind S. Sonawane, Presiding Member, Nagesh C. Kumbre, Member
SOMINATH DEVRAO HIWALE – Appellant
Versus
RAMAVATAR AVDHOOT GAUD – Respondent
FIRST APPEAL NO. 107 OF 2018|FIRST APPEAL NO. 108 OF 2018|FIRST APPEAL NO. 109 OF 2018|FIRST APPEAL NO. 110 OF 2018|FIRST APPEAL NO. 111 OF 2018|FIRST APPEAL NO. 112 OF 2018|FIRST APPEAL NO. 113 OF 2018|FIRST APPEAL NO. 114 OF 2018|FIRST APPEAL NO. 115 OF 2018|FIRST APPEAL NO. 116 OF 2018
For the Appellants/Petitioners: R.H. Dahat
For the Respondents: S.S. Varma
The court may dispose of appeals when parties reach a mutual settlement, directing the disbursement of deposited funds according to the agreed terms and returning any surplus to the appellant.
Headnote:(A) Settlement of Disputes - Mutual Compromise - When parties reach a mutual settlement and file a purshis for disposal, the court may dispose of the appeals as settled. (Para 1)
(B) Disbursement of Funds - Surplus Amount - Where funds are deposited pending appeal and a settlement is reached, the court can direct the disbursement of agreed amounts to respondents and return the surplus to the appellant. (Para 2)
Issues: Whether the appeals can be disposed of based on a mutual settlement between the parties.
| Table of Content |
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| 1. disposal of appeals based on mutual settlement and disbursement of deposited funds. (Para 1 , 2) |
( Delivered on 29/04/2026)
Per Milind S.Sonawane, Hon’ble Presiding Member.
Adv.R.H.Dahat for appellant in all cases is present.
Adv.S.S.Varma for respondent in all cases is also present.
Appellant has filed purshis/application for disposal of all these appeals. It is stated by the appellant that there has been mutual settlement and compromise between the parties in respect of all the dispute arising out of and connected with the subject matter of the appeals. The appellant has also produced common purshis filed in execution proceedings before learned District Consumer Disputes Redressal Commission, Aurangabad, in all cases which state that the parties have settled their disputes in terms of the stipulation contained in the purshis and do not wish to proceed with the matter. Pursuant to the compromise/settlement appellant prayed that appeal may kindly be disposed of as compromise/settled with the direction to the District Commission, Aurangabad to be disbursed the amount deposited before it in connection with the present appeal in accordance with the terms and conditions arrived at between the parties.
Adv.R.H.Dahat at this juncture submitted that the amount deposited in the District Commission by the appellant pending these appeals is surplus amount. He prayed that direction be given to the District Commission to disburse the amount to the respondent to the extent agreed between the parties and surplus amount shall be given to the appellant. Adv.S.S.Varma for respondent consented to the above submissions. Hence, we pass the following order.
ORDER
1. The appeal Nos. 107 to 116 of 2018 are hereby disposed of as compromise/settled between the parties.
2. District Commission is directed to disburse the amount deposited by the appellant pending these appeals to the respondents to the extent as agreed between the parties and surplus amount shall be given to the appellant.
3. Copy of this judgment be furnished to both sides free of cost.
