High Court of Bombay decreed Suit No. 2761 of 2011 based on consent terms settled by plaintiffs and defendants 10-13. Pending proceedings were dismissed as no longer viable after the consent.
Suit decreed based on consent terms; notice of motion and chamber summons 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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 2761 OF 2011.
Freny Kersi Irani and Another.
..Plaintiffs.
vs.
Kali Pestonji Contractor and Others. ..Defendants.
Ms. Yogini Gada, i/b. Harakhchand & Co., for Plaintiffs. Mr. Paritosh Jaiswal, for Defendant Nos. 3 & 5.
Mr. Naushad Engineer, i/b. Apex Law Partners, for Defendant Nos. 7 to 9.
Mr. T.N. Subramaniam, Senior Counsel, a/w. Mr. Ashok Purohit, i/b. M/s. Ashok Purohit & Co., for Defendant Nos. 10 & 11.
Mr. Simil Purohit, i/b. Mr. Mrugank Shah, for Defendant Nos. 12 and 13.
Ms. Freny Kersi Irani, Plaintiff No.1, present.
Mr. Mohan Prasad Ramakant Mishra, Plaintiff No.2, present. Mr. Homi Irani, Son of Plaintiff No.1, present.
Mr. Manish Mahesh Dholakia, for Defendant No.11, Partner of M/s. Mass Developments of Defendant No.10, present.
Mr. Sanjay Hanuman Prasad Pandey, Defendant No.13 & Partner of M/s. Right Channels (Defendant No.12), present.
CORAM :- ANOOP V. MOHTA, J. DATE :- 10TH OCTOBER, 2012.
P.C.
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.
jmi 1/3
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jmi 2/3
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( ANOOP V. MOHTA, J. )
2 issues framed by the court
Whether a suit filed for non-disclosure of documents/claims can be decreed upon consent settlement between plaintiffs and certain defendants.
Whether ancillary proceedings initiated in the suit survive the settlement and dismissal of the main suit.
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
