The High Court disposed of a civil suit and associated notice of motion on consent terms tendered by the parties, directing refund of court fees and specific performance of undertakings in the consent deed.
Suit dismissed on consent terms; Defendant to receive original documents; Plaintiffs to receive refund of Rs. 55,000/- plus interest.
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901-S-1503-10.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 1503 OF 2010
WITH
NOTICE OF MOTION NO. 1573 OF 2010
IN
SUIT NO. 1503 OF 2010
…Plaintiffs
Lal T. Bharwani & Anr. …Plaintiffs Versus National Building Corporation …Defendant
Mr. S. Bajoria, i/b M.P. Vashi & Asso., for the Plaintiffs.
Mr. D.V. Deokar, a/w Mr. Subodh Joshi, Mr. Pinakin Modi, i/b M/s. Parimal K. Shroff & Co. for the Defendant.
CORAM : S.C. GUPTE, J. DATE : 12th February 2016
P.C. :
1. Learned Counsel for the parties tender Consent Terms
duly signed by the parties and their respective Counsel. Learned
Counsel seek disposal of the Suit, in terms of Consent Terms. Consent
Terms are taken on record and marked ' X ' for identification. The statements and undertakings contained therein are accepted.
Sharayu . 1 / 2
901-S-1503-10.doc
rules.
5. The office of the Court Receiver is directed to refund the
sum of Rs. 55,000/- invested by the Receiver with accrued interest, if any, to the Plaintiffs.
6. Office to handover all original documents referred to in paragraph 12 of the Consent Terms, deposited by the Plaintiffs in terms of paragraph 8 of the Consent Terms, to the Defendant.
7. In view of disposal of the Suit, Notice of Motion does not
survive and the same is also disposed of as such.
[S.C. GUPTE, J.]
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Sharayu .
S.C. GUPTE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
