Suit disposed via settled consent terms. Court marked terms on record, accepted undertakings, accepted pay order, and vacated all interim orders and pending proceedings.
Suit disposed; consent terms taken on record; pay order accepted; all interim orders, notices of motion, and pending injunctions vacated.
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.
908.1538-11-S.DOC
Sharayu
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1538 OF 2011
WITH
NOTICE OF MOTION NO. 2022 OF 2011 WITH
CHAMBER SUMMONS NO. 821 OF 2012 WITH
NOTICE OF MOTION NO. 724 OF 2014
Smt. Yamini Dilip Dalal & Ors.…Plaintiffs
Versus
Smt. Kirti Sohan Modi & Ors.…Defendants
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.
Ms. Pooja Jalan, for Defendant No. 3.
CORAM: G.S. PATEL, J DATED: 6th February 2015
PC:-
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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908.1538-11-S.DOC
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.
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.
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.
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.
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.
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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908.1538-11-S.DOC
Chamber Summonses and other interlocutory proceedings stand
disposed of as well.
(G. S. PATEL, J.)
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Smt. Yamini Dilip Dalal & Ors.
Smt. Kirti Sohan Modi & Ors.
G. S. PATEL
As recorded by the court registry
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