The court recorded consent terms agreed upon by parties in a commercial suit. The suit stands decreed in terms of the consent terms, and interim applications stand disposed and vacated.
Suit stands decreed in terms of consent terms; interim applications disposed and vacated.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL NOTICE OF MOTION (L) NO.1644 OF 2019
IN
COMMERCIAL SUIT (L) NO.746 OF 2019
M/s. Nikhil Constructions
….Applicant/Plaintiff
Vs.
Veena Vasant Dhaifule and Ors. ….Defendants
Mr. Deepak Y. Chitnis a/w. Ms. Sonali S. Dalvi i/b. M/s. Deepak Chitnis-
Chiparikar and Co. for applicant/plaintiff.
Mr. Anil H. Bhalja, Mr. Digamber R. Shukhee, Mr. Anish J. Shah and Mr.
Jitendra N. Shah, partners of plaintiff present.
Mr. Ali Antulay a/w. Mr. Vijendra Mishra i/b. P.S. Legal for defendant nos.1
to 3.
Mr. Jagdish G. Reddy (Agadwad) for defendant nos.4 and 5.
Mr. Kiran V. Dhaifule, defendant no.3 and constituted attorney of defendant
nos.1 and 2 present.
Mr. Deepak Shantaram Ghag, Secretary of defendant no4 present.
Mr. Vilas Kharche, partner of defendant no.5 present.
CORAM : K.R.SHRIRAM, J.
DATE : 5th AUGUST 2019
P.C.:
1At the outset, in the cause title to the plaint, the name of
plaintiff to be corrected to read as “M/s. Nikhil Constructions Co.”, which
means the word “Co.” has to be added.
2 Amendment to be carried out forthwith.3 Parties have entered into consent terms dated 5th August 2019.The consent terms signed by the four partners of plaintiff, defendant no.2
for himself and as constituted attorney of defendant no.1 and defendant
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no.3, Secretary of defendant no.4 and partner of defendant no.5- one Vilas
Kharche and their respective advocates is taken on record and marked “X”
for identification.
4Mr. Chitnis states that the four partners of plaintiff are present
in Court and identifies them. Likewise Mr. Antulay identifies Mr. Kiran V.
Dhaifule, defendant no.3. Likewise Mr. Reddy (Agadwad) confirms that
Mr. Deepak Shantaram Ghag has requisite authority from the society and is
present in Court and identifies him. Similarly Mr. Reddy identifies Mr. Vilas
Kharche who has signed for defendant no.5.
5For ease of reference, the consent terms is scanned and
reproduced hereinbelow :
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6Order in terms of the consent terms. All statements are
accepted as undertaking to this Court. All undertakings given separately are
also accepted.
7Suit stands decreed in terms of the consent terms. Drawn up
decree dispensed with. Refund of court fees, if any, in accordance with rules.
No order as to costs. All interim applications stand disposed and all interim
orders also stand vacated.
8All to act on authenticated copy of this order.
Gauri Gaekwad
1 issue framed by the court
Whether to allow consent terms and decree the suit by consent.
M/s. Nikhil Constructions Co.
Veena Vasant Dhaifule and Ors.
K.R. Shriram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court