Disposed

Chita Jagdish Katara v. Sheela Shivaldas Katara and Ors.

Bombay HC11 Jul 2007NMS/304/2007

Case brief

AI extract

What is this about?

In a suit where parties filed Consent Terms, the court permitted withdrawal of the suit against defendants 9 to 16 and disposed of the suit against defendants 1 to 8 based on the agreed terms, including a bond and communication assurances.

What did the court decide?

Suit withdrawn against Defendants 9 to 16; Suit against Defendants 1 to 8 disposed of per Consent Terms.

Chita Jagdish Katara Vs Sheela Shivaldas… — Civil Procedure and Limitation | Bombay HC (2007)

¶1

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶2

 ORDINARY ORIGINAL CIVIL JURISDICTION

¶3

 NOTICE OF MOTION NO.304 OF 2007

¶4

 IN
 SUIT NO.163 OF 2007

¶5

 Chitra Jagdish Katara ...Plaintiff
 Versus
 Sheela Shivaldas Katara & Ors. ...Defendants
 ......

¶6

 Mr.Sunil Gangal i/b RMG Law Associates for
 Plaintiff.

¶7

 Mr.Divesh Chabbwalla i/b Mr.Anil Agarwal for
 Defendants 1 to 9.

¶8

 ......
CORAM: A.M.KHANWILKAR, J.

¶9

 JULY 11, 2007.

¶10

P.C.

¶11

 1. Not on Board. Upon mentioning, taken on
 Board.

¶12

 2. Counsel for the parties have handed in
 Consent Terms duly signed by the Plaintiff and
 Defendants 1 to 8. Plaintiff as well as Defendants

¶13

 : 2 :

¶14

 2 and 8 and the constituted attorney of Defendants

¶15

 1 and 3 to 7 are present in Court. They have
 reiterated the position recorded in the Consent
 Terms and are inviting order in terms of the
 Consent Terms. Consent Terms taken on record and
 marked ‘X’.

¶16

 3. Counsel for the Plaintiff states on

¶17

 instructions that in view of the amicable
 settlement with Defendants 1 to 8, the Suit as
 against Defendants 9 to 16 be permitted to be
 withdrawn.

¶18

 4. Accordingly, Suit is allowed to be
 withdrawn as against Defendants 9 to 16.

¶19

 5. Insofar as Suit as against Defendants 1 to
 8 is concerned, the same is disposed of in terms of
 the Consent Terms.

¶20

 6. In Clause 16 of the Consent Terms,
 assurance given by the Plaintiff that instructions
 will be sent to attorneys in the United States will
 be complied and intimation in that behalf will be

¶21

 : 3 :

¶22

 given to the Counsel for the Defendants 1 to 8
 within two days from today is accepted. Counsel
 for the Plaintiff assures to hand over copy of the
 intimation to the Advocate for Defendants 1 to 8.
 Advocate for the Defendants 1 to 8 has handed over
 bond referred to in Para 2(a) of the Consent Terms
 to the Advocate for the Plaintiff which has been
 duly acknowledged by the Advocate for the
 Plaintiff.

¶23

 7. Accordingly, Suit is disposed of on the
 above terms. Refund as per rules.

¶24

 A.M.KHANWILKAR, J.

Chita Jagdish Katara v. Sheela Shivaldas Katara and Ors.

Case brief

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What did the court decide?

Chita Jagdish Katara v. Sheela Shivaldas Katara and Ors.

Case brief

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What did the court decide?

What the court decided

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