Disposed

Vidya R.Amonkar and 2 Ors. v. Uday N.Gaitonde and 4 Ors.

Bombay HC12 Feb 2015S/369/2012

Case brief

AI extract

What is this about?

The court disposed of Suit No. 369 of 2012 based on signed consent terms. Leave was granted to amend the suit to exclude three defendants not involved in the settlement, and all pending interlocutory applications were disposed of.

What did the court decide?

The suit was disposed of in accordance with the Consent Terms. Leave to delete Defendants No. 3, 4 and 5 was granted. All pending Notices of Motion were disposed of.

Vidya R.Amonkar and 2 Ors. Vs Uday N.Gaitonde… — Civil Procedure and Limitation | Bombay HC (2015)

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903-S-369-12.DOC

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Sharayu

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 369 OF 2012

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AND

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CONTEMPT PETITION NO. 6 OF 2014

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IN

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NOTICE OF MOTION NO. 7589 OF 2012

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IN

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SUIT NO. 369 OF 2012

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Vidya R. Amonkar & 2 Ors.
Versus

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…Plaintiffs

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Uday N. Gaitonde & 4 Ors.…Defendants

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Ms. Pallavi Divekar, i/b M/s. Divekar & Co. for the Plaintiffs.
Mr. Burhan Bukhari, for the Defendants Nos. 1 and 2.
Mr. Mehul Gada, i/b M/s. Tamhane & Co., for the Defendant No. 3.

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CORAM: G.S. PATEL, J DATED: 12th February 2015

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PC:-

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1.The Suit is settled. Consent Terms have been drawn up.
These are signed by three Plaintiffs and Defendants No. 1 and 2 and
their respective Advocates, all of whom are present in Court. In the

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1 of 2

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903-S-369-12.DOC

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Consent Terms there is no obligation cast on Defendants No. 3, 4
and 5. Learned Advocate for the Plaintiffs seeks leave to amend to
delete the names of Defendants No. 3, 4 and 5. Leave granted.
Amendment to be carried out forthwith during the course of the
day. The Associate of this court will endorse on a copy of the
Consent Terms that leave to amend to delete the names of
Defendants No. 3, 4 and 5 has today been granted. Reverification is
dispensed with.

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2.Consent Terms are taken on record and marked ‘X’ for
identification. The suit is disposed of in accordance with the
Consent Terms. Undertakings in the Consent Terms are accepted
as undertakings to the Court. Refund of Court fee in accordance
with the rules. The Plaintiffs confirm receipt of the amount of Rs.
75,00,000/- mentioned in clause 2(a) of the Consent Terms.

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3.All pending Notices of Motion and other interlocutory
applications do not survive and are disposed of accordingly.

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(G. S. PATEL, J.)

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2 of 2

Vidya R.Amonkar and 2 Ors. v. Uday N.Gaitonde and 4 Ors.

Case brief

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What did the court decide?

Vidya R.Amonkar and 2 Ors. v. Uday N.Gaitonde and 4 Ors.

Case brief

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What did the court decide?

What the court decided

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