Suit No. 127 of 2014 and Suit No. 15 of 2016 were disposed of via composite consent terms executed in court. The court accepted the undertakings and dispensed with the drawing up of decrees.
Both suits were disposed of in accordance with the tendered composite consent terms; decrees were dispensed with.
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.
913-S127-14.DOC
SHEPHALI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 127 OF 2014 WITH
SUIT NO. 15 OF 2016
Kalpataru Properties Private Limited…Plaintiff
Versus
Kalptaru Buildtech Corporation Limited & 8 Ors.…Defendants
Mr. A. Jamsandekar, with Ms. Alka Parelkar, Ms. Esha Trivedi, Mr.
Suneet Tyagi, Ms. Nidhi Malhotra, for the Plaintiff.
Mr. H. Prabhulkar, a/w Mr. Ashiksh Kumar, i/b M/s. Juris
Consultus, for the Defendants.
CORAM: G.S. PATEL, J DATED: 3rd May 2016
PC:-
1.Mr. Jamsandekar tenders a draft amendment in Suit No. 15 of
2016. The draft is taken on record and marked “X” for
identification. Leave to amend. Amendment to be carried out
forthwith in Court, without need of reverification.
2.Both Suits are settled. Composite Consent Terms are
tendered. These are taken on record and marked “X1” for
identification. The undertakings in the Consent Terms are accepted
as undertakings to the Court.
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3 May 2016
913-S127-14.DOC
3.The Consent Terms are signed by the Advocates of both sides
as also the parties’ authorised signatories, both of whom are present
in Court. I have seen the Consent Terms and am satisfied that they
reflect the true and correct intention of the parties; have been drawn
without fraud, force and coercion; and are not contrary to law.
4.Both Suits are disposed of in accordance with the Consent
Terms. Drawn up decrees, if any, are dispensed with. Refund of
Court fees in both Suits, if any, in accordance with the Rules.
5.All pending Notices of Motions are disposed of as
infructuous.
6. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
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3 May 2016
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court