Disposed

Shyamprabha Smartpack Pvt. Ltd. v. Supriya Shailesh Patel and 3 Ors.

Bombay HC2 Aug 2023S/32/2015

Case brief

AI extract

What is this about?

A consent order in Suit No. 32 of 2015 where the Plaintiff waived claims towards Plot No.7, released deposited amounts distributed among Defendants, and agreed to execute deeds to perfect Defendants' exclusive title in the ratio 50:25:25.

What did the court decide?

The Plaintiff waived claims to the property; deposited funds to be distributed among Defendants in 50:25:25 ratio; Plaintiff to execute deeds for Defendants' title; joint possession to Defendants.

Shyamprabha Smartpack Pvt. Ltd. Vs Supriya Shailesh Patel… — Property and Title | Bombay HC (2023)

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IN THE HIGH COURT OF JtJDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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SUIT NO. 32 OF 2015

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\ b § 93

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Shy	amprabha Smartpack Private	)
Lim	ited,
Thro	ugh its Authorised Representative	)
Mr.	Prabhakar Sunkari,	)
Age	49,Occ.-Service,	)
Vide	Resolutiondated20-June2023,	)
havi	ng his officeat 209,II"dFloor,	)
Nav	ketan Building, opp. Chembur	)
Rail	way Station, Chembur (East),	)
Mu	mbai400071.	)	Plaintiff
	Versus
1.	Mrs. SupriyaShaileshPatel	)
	of Mumbai, IndianInhabitant,	)
	widow ofShaileshPatel,	)
	Age – 53, Occ. Housewife	)
	residingatAshirwad,94,	)
	N. G. AcharyaM[arg,Chembur,	)
	Mumbai–400071	)
2	Mrs.SheelaVasuSumaiya,	)
	of Mumbai IndianInhabitant	)
	Age 45, Occ.- Housewife	)

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residing at 8th Floor, Paradise, ) Napean Sea Road, ) Mumbai –- 400 006

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Mrs. Bharati Yatin Dossa, ) of Mumbai, Indian Inhabitant, ) Age 40, Occ.- Housewife ) residing at “Trishul”, 10th Floor, ) Mount Mary Road, Bandra, ) Mumbai – 400 050. ) 4 The Court Receiver ) High Court, Bombay. ). . .Defendants

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CONSENT TERMS BY AND BETWEEN THE PLAINTIFF AND DEFENDANT NOS.1, 2 AND 3

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The Plaintiff and Defendant Nos.1 to 3 have atrived at an amicable settlement and are desirous of recording their terms of settlement to dispose of the suit as follows:--

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A The Plaintiff doth hereby waive, relinquish and surrender in favour of the Defendant Nos.1, 2 and 3 all its claims towards the Plot No.7 with bungalow standing thereon situated, lying and being at 'Prakruti Resort’, Village Kashid, Taluka Murud Janjira, District Raigad and more particularly described in Schedule as shown in "Exhibit –A't hereto and shall henceforth not have nor

Nb \ P

make any claim or demand in respect of the aforesaid property.

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B. The Plaintiff doth hereby release, relinquish and waive all its rights, title and interest in the entire amount deposited by the Plaintiff (with interest accrued thereon) with the Court Receiver, High Court, Bombay, appointed pursuant to the Order passed in Suit No.3416 of 2006 (filed by Defendant No. 1 v/s. Defendant Nos.2 and 3). The Defendant Nos.1, 2 and 3 shall pay any costs, charges and expenses that may be levied by the Court Receiver in the following ratio:-

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i) Defendant No. 1 - 50% ii) Defendant No.2 - 25% iii) Defendant No.3 - 25%

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The Court Receiver is directed to distribute the balance amounts lying with the Court Receiver in the suit account after deducting his costs, charges and expenses in the above ratio to the Defendants No. 1, 2 and 3 in the following ratio:-

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i) Defendant No.1 - 50% ii) Defendant No.2 - 25% iii) Defendant No,3 - 25%

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C. The Plaintiff has No Objection for the distribution of the amounts in the manner as set out above. Parties confirm that possession of the said property is with the Court Receiver. Parties agree that on or before execution of these Consent Terms, the Plaintiff in his capacity as the Agent of the Court Receiver shall handover possession of the suit property to the Court Receiver and Court Receiver shall on execution

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&b 7, }]

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of these Consent Terms and within a period of 7 days of the passing of the Order thereon by this Hon’ble Court, handover joint possession of the suit property, more particularly described in "Exhibit-A" hereto to the Defendant Nos. 1, 2 and 3

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Parties hereto agree to co-operate with each other and the Plaintiff shall, at the costs, charges, expenses, payment of stamp duty, registration charges and/or any other incidental expenses, fees of any Advocate and/or consultant to be borne and paid by the Defendant Nos. 1, 2 and 3, execute all necessary deeds, documents, agreements and all other writings as may be necessary to perfect the title of the Defendant Nos.1, 2 and 3 in respect of Plot No.7 with bungalow standing thereon, situated, lying and being at 'Prakruti Resort’, Village Kashid, Taluka Murud Janjira, District Raigad in favour of the Defendant Nos.1, 2 and 3.

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Upon the Defendant Nos.1, 2 and 3 making payment of costs, charges and expenses of the Court Receiver i.e. Defendant No.4 as above, and upon the Court Receiver, the Defendant No.4 distributing the amounts lying in the said account to the Defendants in the ratio as set out in Clause (B) above, the Court Receiver shall stand discharged without drawing accounts.

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The Parties agree, declare and confirm that the Defendant Nos.1, 2 and 3 shall have exclusive right, title and interest

in the said property being Plot No.7 with bungalow standing thereon being and lying at 'Prakruti Resort ’, Village Kashid, Talulka Murud Janjira, District Raigad as absolute owners thereof in the following ratio :

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Defendant No. 1 50cFo 1) Defendant No.2 25c% 11) Defendant No.3 259/a 111)

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G. Plaintiff agrees, confirms and declares that the Plaintiff shall have no claim, demand nor any right in respect of the property being Plot No.7 with bungalow standing thereon situated, lying and being at 'Prakruti Resort’, Village Kashid, Ta luka Murud-Janj ira, District Raigad

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H. Plaintiff is aware that the Defendant Nos.1, 2 and 3 have settled all their inter-se disputes and have executed Consent Terms in Suit No.3416 of 2006 and the Parties confirm the ownership rights in respect of the suit property, more particularly described in '’Exhibit-A'’ hereto, are exclusively that of the Defendant Nos. 1, 2 and 3 in the ratio – Defendant No.1 – 50%, Defendant No.2 – 25% and Defendant No.3 – 259/8

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I Upon execution of these Consent Terms, Plaintiff conllrms that the Plaintiff shall have no claim and/or demand of whatsoever nature against the Dcfendant Nos. 1, 2 and 3 nor against the suit property described at '’Exhibit-A’' to the plaint.

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J. All allegations made by and between the Parties hereto in the present suit and in pleadings shall stand unconditionally withdrawn.

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K. The Parties hereby agree and undertake to duly comply with and discharge their obligations hereunder as stipulated herein

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L All the clauses and sub-clauses and the provisions of these Terms shall be read and construed as a whole and shall be implemented in its letter and spirit.

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It is agreed, undertaken and confirmed that, the terms recorded herein shall be binding on the legal heirs or Executors and administrators of the estate of the respective Party herein.

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N. No order as to costs.

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)}

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' b $

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O. Court fee refund is as per Rules.

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Dated this I day 'f}$t2023

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Smartpack -Pit. Ltd

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Shyam I

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M/s. Chitnis\Vaithy & Co Advocates for Plaintiff

(Plaintiff)

H”t -

Mrs. Supriya Shailesh Patel

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(Defendant No. 1 )

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#’

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M/s. SSB Legal & Advisory, Advocates for Defendant No. 1

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Mrs. Sheela Vasu Sumaiya

(Defendant No.2)

&wIg

t/W M Bilawala & Co

lvocates & Solicitors For Defendant Nos.2 & 3

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Mrs. Bharati Yatin Dossa,

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(Defendant No.3)

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t*k,'h, b &

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SE£QNt> $CHEDVLIF; QE llIE P,RQPEFITY ABC)YE REFEREED th

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nly )

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lly)

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Sub.plot b,ing Plot No ? „adrn€QSurin8 P r: ' Q Jy4+ ' a'-FIwr > hI.fr. out of the property described in the FIrst Schedule above It fend to dongu ith bung3low standing thereon situ8B lying and kIng u ~rllagf kat\id Taluka-N{urud, in th4 Registration District md bob DistrIct of R3i8Hd District Raigad ansI delineated on aw typical black plan hereto annexed and thereon shown turralrxkxJ by ori the typical black &Ian hereto annexed.

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SIGNED SEAI.ED AND DELIVERED

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by th within===cd

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PRA}tRtrri RESORTS LTD, dBCOhIPANY b\ ’n--> \v+ J PAttI:& gut,X+] p'T§W=

TUE ALLurrEE

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SIIYAMPRABH A SMARTPACK PVT. LTD.

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+CERTIFIED EXTRACTS OF THE RESOLUTION PASSED AT THE MEETING OF THE BOARD OF DIRECTORS OF SHYAMPRABHA SMARTPACK Pvr LTD ON 20th JUNE 2023 AT 5.00 P.M. AT ITS REGISTERED OFFICE SITUATED AT209, 2ND FLOOR, NAV KETAN BUILDING, OPP. RAILWAY STATION, CHEMBUR, MUMBAI – 400071.

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'RESOLVED that Mr. Prabhakar Sunkari bc and is hereby authorized to finalise. sign and execute necessary Consent Terms in the proceedings of lligh (:ouR. O.O.(-. J.. Suit No. 782 of 2014 (Shyamprabha Smartpack Pvt. Ltd. . . . Plaintiffs V.'s. Supri)'a Shailcsh Patel and others . . . Defendants) and IIigh Court, O.O.C. J., Suit No. 32 of 2015 (Shyamprabha Smartpack Pvt. Ltd. .. . Plaintiffs V/s. Supriya Shailcsh Patel and others . . . Defendants) and bc and is hereby also authorized to sign and execute the 1)ccd of ('onvevancc. irrc-ocablc (;c11c!'al I)o\'er ol Attorney and other consequential papers and documents, if any required for ct'fcctual completion of the aforesaid matter and to lodge and admit the execution thereof bcforc thc concerned Sub-Registrar for and on behalf of the Colnpany and as also to represent the C'onrpany before the I Ion’ble lligh Court as well as before the conccnlcd Sub-Registrar and all such Government and/or Semi-Government authority,ies as may be necessary in the matter.

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for Shyamprabha Smartpack Pvt. Ltd

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(Managing Director)

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C iN , U74999MHI 992PTC066256

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H.o. : 202/ 2nd Floor/ NovI\eton Buildingf N. (J. Achalva Marg, Opp. Raii'yay Station, Chelnbur {East)f Mumbai _ 400 017. Phone : 022 6156 9621, 22, 23 ! Fax : 67973359 Email : [email protected]

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} Factory : 7, Shivaily industriai Estate, I Man:pal Udupf Karnataka - 576 1 Oz! 1 Tel. : 0820 2572922 : Mob. : 8884079454

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q + t

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IN THE HIGH COURT OF JUDICATURE AT

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BOMBAY

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ORDINARY ORIGINAL CIVIL

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JURISDICTION

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SUIT NO. 32 OF 2015

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Shyamprabha SInartpack Private

Limited

Plaintiff

V/s

Mrs. Supriya Shailesh Patel & Ors...Defendants

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Consent Terms between the Plaintiff and

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Defendant Nos.1, 2 and 3.

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M/s. Chitnis Vaithy & Co., Advocates for the Plaintiff, 410/1 1, Gundecha Chambers, Nagindas Master Road, Fort, Mumbai – 400 023.

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Shyamprabha Smartpack Pvt. Ltd. v. Supriya Shailesh Patel and 3 Ors.

Case brief

What is this about?

What did the court decide?

Shyamprabha Smartpack Pvt. Ltd. v. Supriya Shailesh Patel and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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