Suit settled by parties; consent terms recorded; suit decreed; notice of motion vacated; ad-interim orders vacated.
Suit decreed; consent terms and minutes recorded; notice of motion vacated; ad-interim orders vacated.
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USJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.2143 OF 2009 IN SUIT NO.1317 OF 2009
West Coast Pillars Pvt. Ltd. & Ors... Plaintiffs
V/s.
M/s. Kailash Developers & Ors.
.. Defendants
Mr. Vijay Dhingreja for the plaintiffs
Mr. Prashant Ghelani for defendant Nos.1, 2 and 4.
Ms. Ashwini Hosing for defendant Nos.1 to 10.
CORAM : S.C. DHARMADHIKARI, J. DATE : 10th SEPTEMBER, 2009.
P.C. :
1.It is stated that the all the claims in the suit are
settled. Minutes of Order duly signed by the advocates and
parties confirming this fact and praying for an amendment
to the plaint to add M/s. Kirti Constructions as a party
defendant and permit the plaintiffs to carry out
consequential amendment, are taken on record and marked as
"X" for identification. There shall be an order in terms
of these Minutes.
2. Considering that the suit claim has been amicably
settled by parties and they are present in Court and state
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that the terms fully record the Agreement and the
settlement arrived at so also each one of them having
signed the terms, there is no impediment on taking the same
on record. I am satisfied that the claim in the suit is
settled by parties willingly and therefore a decree can be
passed accordingly.
3.The consent terms are also taken on record and marked
as "X" for identification. There will be an order in
terms of the consent terms as well. The suit decreed
accordingly. No order as to costs. Refund of Court fees
as per rules. Notice of Motion does not survive in the
light of the consent terms. Ad-interim order, if any, to
stands vacated forthwith.
(S.C. DHARMADHIKARI, J.)
S.C. DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court