The Court disposed of a suit for specific performance of an agreement for sale based on consent terms submitted by both parties, providing for payment via cheque and handover of documents.
Suit for specific performance disposed of in terms of consent terms. Notice of motion also 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.
Chittewan
1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL SUIT NO.501 OF 2017 ALONGWITH
NOTICE OF MOTION NO.407 OF 2017 IN
COMMERCIAL SUIT NO.501 OF 2017
Rishi Rajani … Applicant/Plaintiff In the matter between : Rishi Rajani … Plaintiff Versus Real Gem Buildtech Pvt. Ltd & Others … Defendants
Mr. Cyrus Ardeshir a/w Mr. Maneck Mulla & Ms. Akshita Palvia i/b Palvia i/b M. Mulla Associates for the Plaintiff/Applicant. Mr. Rishi Rajani, Plaintiff in person present.
Mr. Dinyar Madon, Senior Counsel a/w Ms. Rujuta Patil and Ms. Niyathi Kalra i/b Negandhi, Shah and Himayatullah for Defendant No.1.
Mr. Gopal Reddy and Mr. Mehul Kataria, both authorised signatories of Defendant No.1 present in person.
Mr. Soura Ghosh a/w Ms. Deeksha Jani i/b Hariani & Co. for Defendant No.2.
CORAM : S.C.GUPTE, J.
DATE : 9 OCTOBER 2017
P.C. :
. The suit is for specific performance of an agreement for sale of the suit flat. The parties tender consent terms signed by both parties and their respective Advocates. The parties request for disposal of the suit in terms of the consent terms. The parties further request that the consent terms,
2/3
Chittewan
marked for identification, be kept in a sealed envelope with the Office of the Plaintiff's Advocates, M/s M. Mulla Associates, upto 15 May 2020, on which date the Advocates may hand over the consent terms to the Advocates of Defendant Nos.1 and 2.
2 Consent terms are accordingly marked ' X ' for identification and after accepting the statements and undertakings contained therein, the same are handed over to M/s M. Mulla Associates, Advocates for the Plaintiff. The consent terms shall be kept in a sealed envelope by the Advocates upto 15 May 2020. On 15 May 2020, these consent terms shall be handed over to the Advocates of Defendant Nos.1 and 2. One set of the consent terms shall be filed in the Court on that date.
3 The Plaintiff confirms having received a sum of Rs.20,00,000/- from out of the amount provided for in the consent terms by way of a post-dated cheque of 25 October 2017. The amount is accepted by the Plaintiff, subject to realization. It is also agreed between the parties that the cheque for the balance amount shall be handed over by Defendant No.1 to the Plaintiffs within 24 hours in terms of the consent terms.
6 In view of the disposal of the suit, the notice of motion does not survive and the same is also disposed of.
Chittewan
3/3
6 This order is passed in the presence of the Plaintiff and Mr. Gopal Reddy and Mr. Mehul Kataria, the authorised representatives of Defendant Nos.1 and 2, both of whom are present in the Court.
(S.C. GUPTE, J.)
1 issue framed by the court
Whether the suit for specific performance can be disposed of on consent terms submitted by the parties.
Rishi Rajani
Real Gem Buildtech Pvt. Ltd
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
