The High Court at Bombay disposed of a civil suit based on consent terms submitted by the parties, allowing the inclusion of new respondents and amendments without re-verification.
Defendant Nos.18-23 brought on record; suit disposed of per 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.
Digitally signed by Swaroop Swaroop S.Phadke S. Phadke Date: 2021.01.30 12:15:17 +0530
s 1289 of 2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1289 OF 2019 WITH
NOTICE OF MOTION NO.2451 OF 2019
Dhruv Sunil Lakhotia and Anr. …Plaintiffs
versus
Shashikala Balkrishna Lakhotia and Ors. …Respondents
Mr. Vibhav Krishna with Mr. Tahir Prande i/by Juris Consillis, for Plaintiffs.
Mr. Virendra Pereira with Mr. Jimish Shah i/by Divya Shah Associates, for Defendant
Nos.1, 6 to 17, 19 to 23.
Plaintiff Nos.1 and 2 and Defendant Nos.7, 8, 9, 10, 11, 13, 14, 15, 18, 20 to 23 are
present in Court.
CORAM: S.J. KATHAWALLA, J.
DATE:28th JANUARY, 2021
( In Chambers )
P.C.:
1. Defendant Nos.18 to 23 are allowed to be brought on record as ‘Party Respondents’. The Plaintiffs are allowed to carry out the amendments to the Suit in
terms of Schedule A annexed to the Consent Terms. Amendments shall forthwith be
carried out. Re-verification is dispensed with.
2.The learned Advocates for the parties have now tendered Consent Terms
dated 27th January, 2021. They submit that the Consent Terms be taken on record and
the above Suit be disposed of in terms of the Consent Terms. The Consent Terms are
taken on record and marked ‘X’ for identification. The Consent Terms are signed by
1/2
ssp
s 1289 of 2019.doc
Plaintiff Nos.1 and 2, Defendant Nos.1 and 6 to 23. The Consent Terms are also
signed by the Advocate for the Plaintiff Nos.1 and 2 and Defendant Nos.1 and 6 to 17
and 19 to 23. Plaintiff Nos.1 and 2 and Defendant Nos.7, 8, 9, 10, 11, 13, 14, 15, 18, 20
to 23 are present in Chambers. Defendant Nos.1, 6, 12, 16, 17 and 19 have appeared
through video-conferencing. They have informed the Court that they have signed the
Consent Terms of their own free will and volition and there is no force or coercion
involved. The statement is accepted. The undertakings recorded in the Consent
Terms are also accepted. The Suit is disposed of in terms of the Consent Terms,
marked ‘X’. Refund of Court Fees, if any, as per rules. Notice of Motion No.2451 of
2019 also stands disposed of.
3.This Court appreciates the relentless efforts put in by Shri M.P.S.Rao,
Senior Advocate in assisting the parties to arrive at an amicable settlement.
( S.J.KATHAWALLA, J.)
ssp 2/2
Shashikala Balkrishna Lakhotia and Ors.
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court