This is a consent decree arising from a commercial suit. The plaintiffs and defendant executed consent terms and minutes of a consent order. The court accepted the documents and decreed the suit in terms of the consent terms.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION
COMMERCIAL SUIT NO.907 OF 2019
Sajjid Amir Khan and Ors.
….Plaintiffs
Vs.
Shree Developers ….Defendant
Mr. Deepak Chitnis I/b. M/s. Deepak Chitnis-Chiparikar and Co. for plaintiffs.
Mr. Sajjid Amir Khan- plaintiff no.1 present. Ms. Sonali Dalvi I/b. Mr. Mangesh Parte for defendant.
Mr. Digamber Sukhee- Partner of defendant present.
CORAM : K.R.SHRIRAM, J. DATE : 15th JULY 2019
P.C.:
1 At the outset, Ms. Dalvi states that her instructing advocate –
Mr. Mangesh Parte will file Vakalatnama on behalf of defendant during the
course of this week. Statement accepted.
2 Plaintiffs and defendant have entered into consent terms and also minutes of the consent order. The minutes of the consent order is undated whereas the consent terms is dated 4th July 2019. Both have been stitched together and notarised.
3 The consent terms is signed by plaintiff no.1 for himself and as constituted attorney of plaintiff no.2 and plaintiff no.3 and these plaintiffs have also signed the minutes of the consent order, partner of defendant and their respective advocates. Mr. Chitnis states that plaintiff nos.2 and 3
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signed in his presence and he is also satisfied that plaintiff no.1 has the requisite power to sign the consent terms. Plaintiff no.1 states that plaintiffs are the only legal heirs of late Mrs. Rasheeda Firdaus Khan and there is no impediment to the Court taking on record the consent terms. The consent terms is marked “X” for identification alongwith the minutes of the consent order. Plaintiff no.1 and one Digamber Sukhee, partner of defendant are present in Court and are identified by their advocates.
4 For ease of reference, minutes of the consent order and consent
terms are reproduced hereinbelow :
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5 All statements accepted as undertaking to this Court and all undertakings are also accepted.
6 Suit 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.
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7 All to act on authenticated copy of this order.
(K.R. SHRIRAM, J.)
Gauri Gaekwad
Sajjid Amir Khan
Shree Developers
K.R. Shriram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
