Disposed

Shyamsunder Bhagwandas Peswani v. Beharilal Bhagwandas Peswani and 6 Ors.

Bombay HC27 Oct 2016S/957/2016

Case brief

AI extract

What is this about?

Suit settled by consent terms. Suit disposed of and withdrawn against some defendants; directed to unfreeze accounts held by cooperative banks directed to unfreeze accounts of Defendant No. 3.

What did the court decide?

Suit withdrawn against Defendants 4 to 7; Defendants 5 and 7 directed to unfreeze Defendant No. 3's accounts. Drawn-up decree dispensed with.

Shyamsunder Bhagwandas Peswani Vs Beharilal Bhagwandas… — Property and Title | Bombay HC (2016)

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905-SL-804-2016.DOC

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SHEPHALI

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO. 804 of 2016

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…Plaintiff

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Shyamsunder Bhagwandas Peswani…Plaintiff
Versus
Beharilal Bhagwandas Peswani and others…Defendants

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Mr. Ashish U. Mishra, for the Plaintiff.
Mr. Sahil Mahajan, for the Defendants Nos. 1 to 3.
Mr. Sushil Kumar, for the Defendant No.7.

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CORAM: G.S. PATEL, J DATED: 27th October 2016

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PC:-

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1.Additional Affidavit of Defendants Nos. 1 to 3 affirmed on
25th October 2016 is taken on record. It is to be filed in the Registry
with proper pagination.

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2.The Suit is settled. Consent Terms are tendered. The
Consent Terms are signed by the Plaintiff, by the 3rd Defendant for
herself and as the Constituted Attorney of Defendant No. 1, by
Defendant No. 2, and by the Advocates.

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3.I have seen the Consent Terms. They are in order. They are
not contrary to law and they appear to reflect the parties’ true
intention and have been drawn by the parties of their own volition.

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Page 1 of 2

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27th October 2016

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905-SL-804-2016.DOC

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The Consent Terms are taken on record and marked “X” for
identification. The undertakings in the Consent Terms, if any, are
accepted as undertakings to the Court.

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4.The Suit is disposed of in accordance with the Consent
Terms. The Suit is withdrawn as against Defendants Nos. 4 to 7.
However, Defendants Nos. 5 and 7, Bharat Co-operative Bank
Limited and Samata Co-operative Bank Limited, respectively, are
directed to unfreeze the accounts of Defendant No. 3 which they
had earlier frozen.

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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.

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6. The Suit is disposed of in these terms with no order as to costs. Refund of court fee, if any, in accordance with the Rules.

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7. All concerned to at on an authenticated copy of this order.

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(G. S. PATEL, J.)

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Page 2 of 2

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27th October 2016

Shyamsunder Bhagwandas Peswani v. Beharilal Bhagwandas Peswani and 6 Ors.

Case brief

What is this about?

What did the court decide?

Shyamsunder Bhagwandas Peswani v. Beharilal Bhagwandas Peswani and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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