Settlement in Suit No.909/2007 led to dismissal of suit as withdrawn by mutual consent due to encashment of cheque, resulting in disposal of Notice of Motion.
Suit dismissed as withdrawn; Notice of Motion disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.1227 OF 2007
In
SUIT NO.909 OF 2007
Anil Jayantilal Ambawat & Anr. : Plaintiffs
V/s.
Sudarshan Kumar Luthra & Ors. : Defendants
Mr.D.P.Kahar for the plaintiffs.
Mr.Manoj Chatage for defendant no.1.
CORAM : A.M. KHANWILKAR, J.
DATE : JUNE 05, 2007.
P.C.
1. The counsel for the parties submit that the matter has
been amicably settled between the parties. The basis of
settlement is incorporated in the Consent Terms dated
26.4.2007 filed in Registry. It is agreed between the
parties that the cheque issued in favour of the plaintiffs
has been encashed. Accordingly, nothing survives in the
suit for which reason, the suit is dismissed as withdrawn.
Refund of Court fee as per rules.
2. In view of the disposal of the suit, the Notice of
Motion does not survive and the same stands disposed of.
A.M. KHANWILKAR, J.
2 provisions across 2 enactments
A.M. KHANWILKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court