The court recorded consent terms wherein the plaintiff withdrew the suit against the sixth defendant and accepted consent between the plaintiff and the first to fifth defendants, resulting in a decree accordingly.
Suit dismissed against the sixth defendant as withdrawn; decree passed in terms of consent terms with the remaining parties.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 5793 OF 1998.
Bhagwandas Hiranand Gulrajani.
Versus.
Dharmendra B.Gandhi and others.
... Plaintiff.
... Defendants.
Shri B.S.Chandnani for the Plaintiff.
Ms.J.N.Pandhi for the Defendant No.6.
CORAM : ABHAY S.OKA, J.
DATED : 21st August, 2007.
P.C.:
1.The learned Counsel appearing for the Plaintiff
has tendered consent terms between the Plaintiff and the
1st to 5th Defendants. The consent terms are taken on
record and marked "X" for identification.
2.The learned Counsel for the Plaintiff states
that the consent terms are duly signed by Shri Lokayya
C.Bangera, Constituted Attorney of the Plaintiff. He
states that the 1st Defendant is personally present in
Court who has signed the consent terms for himself and
as Managing Director of the 2nd to 5th Defendants. The
learned Counsel for the Plaintiff identifies the 1st
Defendant who is personally present in Court. The 1st
Defendant who is identified by the learned Counsel for
the Plaintiff states that being the Managing Director of
the 2nd to 5th Defendants, he has an authority to sign
on behalf of the 2nd to 5th Defendants and that he has
: 2 :
signed the consent terms on behalf of the said
Defendants.
3.In the consent terms it is stated that the
Plaintiff is withdrawing the suit as against the 6th
Defendant. Hence the suit stands dismissed as against
the 6th Defendant as withdrawn.
4.There will be decree in terms of consent terms
taken on record. Decree shall be drawn accordingly.
5.Certified copy is expedited.
Judge.
Abhay S.Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court