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2013 (9) TMI 1306

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..... nd this Court may also grant decree of divorce as mutually agreed between them. In the course of hearing, we were informed by the Learned Counsel for the parties that Civil Appeal No. 6018 of 2012 (arising out of S.L.P. (Civil) No. 24728 of 2011) between the same parties is also pending and it may be taken up along with the Special Leave Petition (Civil) No. 25229 of 2012 and the interlocutory application noted above. 2. At the request of the Learned Counsel for the parties, we directed the Registry to list Civil Appeal No. 6018 of 2012 by notifying the same immediately which has been done by the Office. 3. On 19.08.2013 when Interlocutory Application No. 3 of 2013 in Special Leave Petition (Civil) No. 25229 of 2012 came up for consideratio .....

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..... inquish all her rights and claims in the Flat standing in the name of Mr. Vinod Gulshandev Chopra at 11-H-702, Neelam Nagar, Phase II, Mulund (East), Mumbai - 400 078, and handover peaceful and vacant possession of the same within a period of 4 months from the date on which the Order thereby recording the terms of this Settlement arrived at between the Parties is passed by the Hon'ble Supreme Court. (iii) The Optra car bearing registration No. MH-04-BY-4660 registered in the name of Ms. Vimi Chopra shall be handed over to Ms. Vimi Chopra within a period of one week along with RC copy in original from the date of passing of order by the Supreme Court. (iv) Ms Vimi Vinod Chopra shall surrender the 4 (four) lockers viz. 3 (three) in Shamra .....

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..... International. (vii) Ms. Vimi Chopra shall relinquish her right in all the properties of the husband and also in the Office space at 3117, Bhandup Industrial Estate, LBS Road, Bhandup West, Mumbai- 400078, which is currently in joint name. Ms. Vimi Chopra will execute all necessary documents within 2 months for the said purpose before the Appropriate Authority to give effect to the same and the cost, charges, expenses including stamp duty registration charges (if any) shall be borne and paid by Mr. Vinod Gulshandev Chopra. (viii) Mr. Vinod Gulshandev Chopra will pay to Ms. Vimi Vinod Chopra ₹ 10,00,000/- (Rupees Ten Lakhs only) in the following manner: (a) Mr. Vinod Gulshandev Chopra shall handover the cheque for ₹ 1,20,075/- is .....

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..... ion Deed with clause empowering Mr. Vinod Gulshandev Chopra to execute all formalities in sole capacity in order to smoothly close the said partnership firm and square up the accounts. Mr. Jagdish K Madan shall not have any claims in the said partnership firm whatsoever and shall also take all necessary steps to ensure that the Bank account in the Saraswat Bank is defreezed . Mr. Vinod Gulshandev Chopra agrees and undertakes to indemnify and keep Mr. Jagdish Kundanlal Madan, the father of Ms Vimi Vinod Chopra indemnified from any claim, action, demand and/or proceedings in respect of any liabilities, present and future, on account of the affairs of the said partnership firm named Gennext. (x) AM other documents, authority letters from Ms Vi .....

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..... so agreed for annulment of their marriage, we are satisfied that this is a fit case where we may exercise our jurisdiction under Article 142 of the Constitution of India to give quietus to the multiple disputes between them as this will enable complete justice between the parties. 8. Consequently, we waive the statutory period and pass the decree of divorce under Section 13B of the Hindu Marriage Act, 1955. As a result of this, the marriage solemnised between the parties on 07.08.1993 stands dissolved. 9. Criminal Case No. 387/PW/09 pending before the Court of the Metropolitan Magistrate's 27th Court, Mulund, Mumbai shall be treated as dismissed. 10. Civil Appeal and Special Leave Petition are disposed of as above. Interlocutory Applica .....

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