High Court allowed a leave petition and settled a suit between Pidilite and AIPL based on a consigned deed. The suit was disposed of by consent, the decree dispensed with, and the notice of motion terminated.
Leave petition allowed; Suit settled via consent terms; Decree dispensed with; Notice of Motion disposed of.
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.
906-NMS-1660-2016.DOC
JSN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 14 OF 2016
WITH
NOTICE OF MOTION NO. 1660 OF 2016
IN
SUIT NO. 417 OF 2016
Pidilite Industries Limited…Plaintiff
Versus
AIPL Marketing Private Limited and Another…Defendants
Mr. Hiren Kamod, with Ms. Vrushali Maindad i/b A.A. Desai for the
Plaintiff.
Mr. Dhiren Karania, i/b G.S. Hegde and V.A. Bhagat for the
Defendants Nos. 1 and 2.
CORAM: G.S. PATEL, J DATED: 17th October 2016
PC:-
1.By consent, the Leave Petition is allowed in terms of prayer
clause (a).
2.The Suit is settled. Consent Terms are tendered. These are
signed by the authorised signatories of the parties. The authorised
signatories are present in Court. The Consent Terms are also signed
by the Advocates on behalf of the parties.
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17th October 2016
906-NMS-1660-2016.DOC
3.Having seen the Consent Terms, I am satisfied that they are
not contrary to law and reflect the parties’ true intentions and have
been drawn by the parties of their own volition.
4.The Consent Terms are taken are taken on record and marked
“X” for identification. The undertakings in the Consent Terms are
accepted as undertakings to the Court. The Suit is disposed of in
terms of the Consent Terms. Refund of Court Fees, if any, in
accordance with the Rules.
5.The drawn up decree is dispensed with. However, if for the
purpose of implementation of these Consent Terms, should the
parties require a drawn up decree, they will be entitled to apply to
the Department for one without having to make a separate
application in that behalf and on production of an authenticated
copy of this order. Drawn up decree is to be strictly in accordance
with these Consent Terms only.
6.In view of this, the pending Notice of Motion does not
survive and is disposed of.
7. All concerned to act on an authenticated copy of this Order.
(G. S. PATEL, J.)
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17th October 2016
Pidilite Industries Limited
AIPL Marketing Private Limited and Another
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court