Dismissed

Yamini Dilip Dalal and 2 Ors. v. Kirti Sohan Modi and 5 Ors.

Bombay HC6 Feb 2015S/1538/2011

Case brief

AI extract

What is this about?

The High Court disposed of Suit No. 1538 of 2011 based on settlement terms signed by both parties. The court marked consent terms, accepted a pay order of Rs. 20,00,000, returned original documents, and vacated all pending proceedings.

What did the court decide?

Suit disposed of in accordance with consent terms; pay order of Rs. 20,00,000 accepted; pending injunctions vacated; documents returned.

Yamini Dilip Dalal and 2 Ors. Vs Kirti Sohan… — Contract and Commercial Disputes | Bombay HC (2015)

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908.1538-11-S.DOC

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Sharayu

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1538 OF 2011

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WITH

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NOTICE OF MOTION NO. 2022 OF 2011 WITH

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CHAMBER SUMMONS NO. 821 OF 2012 WITH

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NOTICE OF MOTION NO. 724 OF 2014

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Smt. Yamini Dilip Dalal & Ors.…Plaintiffs
Versus

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Smt. Kirti Sohan Modi & Ors.…Defendants

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Mr. M. Behl, i/b M/s. Sonal Doshi & Co., for the Plaintiffs.
Mr. M.B. Singh, i/b M/s. MBS & Co., for the Defendants No. 1 and
2.

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Ms. Pooja Jalan, for Defendant No. 3.

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CORAM: G.S. PATEL, J DATED: 6th February 2015

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PC:-

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1.The Suit has been settled. Consent Terms are tendered.
These are signed by the Plaintiff No. 1 for herself, Plaintiff No. 2
and, again, Plaintiff No. 1 as the Constituted Attorney of Plaintiff

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1 of 3

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908.1538-11-S.DOC

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No. 3. The Power of Attorney in favour of Plaintiff No. 3 is annexed
to the Consent Terms. I have, by an order passed yesterday, noted
that this Power of Attorney is sufficient to enable the 1st Plaintiff to
sign and prosecute these Consent Terms on behalf of the 3rd
Plaintiff. Defendants No. 1 and 2 have also signed the Consent
Terms. Advocates for both sides have also signed Consent Terms.

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2.Consent Terms are taken on record and marked “X” for
identification. The undertakings in the Consent Terms are accepted
to undertakings to the Court.

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3.The Suit is disposed of in accordance with the Consent
Terms. Refund of Court fees, if any, in accordance with the rules.
All concerned to act on an authenticated copy of this order.

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4.Mr. Singh tenders the Pay Order for Rs. 20,00,000 (Rupees
Twenty Lacs only) as required by Clause 5(i) of the Consent Terms
to the Advocate for the Plaintiffs. The Pay Order is accepted by the
Learned Advocate for the Plaintiffs.

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5.In view of the disposal of the Suit, all original documents
filed by both sides shall be returned to the respective Advocates
upon these being substituted with photocopies authenticated by the
Advocates for the parties concerned.

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6.As noted in Clause 25 of the Consent Terms, all interim and
ad-interim orders and all pending injunctions stand vacated
forthwith. In view of this order, all pending Notices of Motion,

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2 of 3

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908.1538-11-S.DOC

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Chamber Summonses and other interlocutory proceedings stand
disposed of as well.

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(G. S. PATEL, J.)

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3 of 3

Yamini Dilip Dalal and 2 Ors. v. Kirti Sohan Modi and 5 Ors.

Case brief

What is this about?

What did the court decide?

Yamini Dilip Dalal and 2 Ors. v. Kirti Sohan Modi and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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