Allowed

Freny Kersi Irani and Anr. v. Kali Pestonji Contractor and 15 Ors.

Bombay HC10 Oct 2012CHS/900/2012

Case brief

AI extract

What is this about?

The court decreed the pending suit based on consent terms filed by the plaintiffs and certain defendants, which stated that the matter was settled in full and final. Associated notices and interim orders were disposed of.

What did the court decide?

Suit decreed in view of consent terms; Notice of Motion Nos., Chamber Summons No., and interim orders disposed of.

Freny Kersi Irani and Anr. Vs Kali Pestonji… — Contract and Commercial Disputes | Bombay HC (2012)

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1 902-s-2761-11

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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SUIT NO. 2761 OF 2011.

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Freny Kersi Irani and Another.

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..Plaintiffs.

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vs.

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Kali Pestonji Contractor and Others. ..Defendants.

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Ms. Yogini Gada, i/b. Harakhchand & Co., for Plaintiffs. Mr. Paritosh Jaiswal, for Defendant Nos. 3 & 5.

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Mr. Naushad Engineer, i/b. Apex Law Partners, for Defendant Nos. 7 to 9.

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Mr. T.N. Subramaniam, Senior Counsel, a/w. Mr. Ashok Purohit, i/b. M/s. Ashok Purohit & Co., for Defendant Nos. 10 & 11.

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Mr. Simil Purohit, i/b. Mr. Mrugank Shah, for Defendant Nos. 12 and 13.

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Ms. Freny Kersi Irani, Plaintiff No.1, present.

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Mr. Mohan Prasad Ramakant Mishra, Plaintiff No.2, present. Mr. Homi Irani, Son of Plaintiff No.1, present.

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Mr. Manish Mahesh Dholakia, for Defendant No.11, Partner of M/s. Mass Developments of Defendant No.10, present.

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Mr. Sanjay Hanuman Prasad Pandey, Defendant No.13 & Partner of M/s. Right Channels (Defendant No.12), present.

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CORAM :- ANOOP V. MOHTA, J. DATE :- 10TH OCTOBER, 2012.

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P.C.

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In a pending Suit, the contesting parties are arrived at settlement and recorded as the consent terms between the Plaintiff and Defendant Nos. 10 to 13. The consent terms marked as 'X', is taken on record.

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jmi 1/3

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2 902-s-2761-11

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This consent terms are notarised. Plaintiff Nos. 1 and 2 have filed notarised affidavit dated 9th October 2012, where the xerox copy of the consent terms is also annexed. The affidavit basically contain the statements about the execution of the consent terms and the fact that they have settled the matter in full and final. They have further stated that they are not interested in proceeding further in the matter and also the fact that they have executed the terms without any coercion or undue influence or under any pressure. This affidavit marked as 'Y' is taken on record accordingly.

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The Plaintiff No.1, Plaintiff No. 2 and the Son of Plaintiff No. 1 and partner of Defendant No. 10, Partner of Defendant No. 12 and Defendant Nos. 11 and 13 are present in Court.

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Though the Suit is served, none appears for Defendant Nos. 1, 2, 4, 6 and 14. The Suit against them also stand withdrawn. The Counsel/Advocates are present so far as other Defendants are concerned.

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The statement is made that there is no dispute with record to the authorisation and signatories of the parties.

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The statement is also made that this compromise will not affect rights of any third person and all other parties.

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The Suit is accordingly decreed in view of the consent terms.

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jmi 2/3

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3 902-s-2761-11

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In view of disposal of the present Suit based upon the consent terms, the Notice of Motion Nos. 3600 of 2011, 748 of 2012, 1528 of 2012 and Chamber Summons No. 900 of 2012 and interim orders, if any, also do not survive and accordingly disposed of. No cost.

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( ANOOP V. MOHTA, J. )

Freny Kersi Irani and Anr. v. Kali Pestonji Contractor and 15 Ors.

Case brief

What is this about?

What did the court decide?

Freny Kersi Irani and Anr. v. Kali Pestonji Contractor and 15 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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