The High Court of Bombay dismissed a notice of motion seeking modification of a disposed appeal consent order, holding that such modification requires consent from all parties, which was not on record.
Notice of motion dismissed as consent of all parties was not placed on record to modify the consent order.
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.
1/1 24-nma-300-18.doc
DSS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 300 OF 2018 IN
APPEAL NO. 112 OF 2010
Europlast India Ltd. … Applicant/ Appellant.
V/s.
Gorakhnath Electricals Pvt. Ltd. And ors. … Respondents.
Mr. Pankaj Shah for the Appellant/Applicant.
Mr. Aditya Sikka with ms Priyanka Mitra I/b Cyril Amarchand Mangaldas for Respondent No.2.
Mr. Denzil D'Mello for Respondent Nos.5 to 7.
CORAM : A.S. OKA AND M.S. SONAK, JJ. DATE : 3rd SEPTEMBER 2018.
P.C.:
This notice of motion is taken out by the appellant in a disposed of appeal, which is disposed of by consent of the parties. In fact, the consent minutes of the appeal were filed by the parties. The grant of relief in this notice of motion will amount to the modification of the consent order. The consent order cannot be modified without the consent of all the parties. The consent of all the parties is not placed on record. Therefore, the notice of motion is dismissed.
Digitally signed Dinesh by Dinesh Sadanand Sadanand SherlaDate: Sherla 2018.09.06 11:41:33 +0530
1 issue framed by the court
Whether the notice of motion seeking modification of a consent order can be granted in the absence of consent from all parties.
Europlast India Ltd.
Gorakhnath Electricals Pvt. Ltd.
A.S. Oka
M.S. Sonak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
