Dismissed

Harmony Dezigns and Structures LLP through Its Partners Abbas Khambaty v. Brijesh Mohan Hari and Anr.

Bombay HC23 Feb 2023COMSS/30/2021

Case brief

AI extract

What is this about?

Suit dismissed upon filing of consent terms settling the dispute. Court ordered cancellation of lis pendens notice regarding a specific plot and disposed accompanying interim applications.

What did the court decide?

Consent terms marked as X; lis pendens notice on Plot No. CTS No.3/534 cancelled; interim applications disposed; court fees refunded.

Harmony Dezigns and Structures LLP through Its… — Civil Procedure and Limitation | Bombay HC (2023)

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Digitally signed by LAXMIKANT LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date: 2023.02.23 15:19:25 +0530

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1 (901) comss-30.21.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

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COMMERCIAL SUMMARY SUIT NO.30 OF 2021

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WITH

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SUMMONS FOR JUDGMENT NO.46 OF 2021 WITH INTERIM APPLICATION NO.1724 OF 2021

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IN COMMERCIAL SUMMARY SUIT NO.30 OF 2021.

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M/s. Harmony Designs and Structures LLP

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Through its partner Abbas Khambaty : Plaintiff

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versus

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Brijesh Mohan Hari and anr. : Defendants.

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Mr. Vijay H Kantharia a/w Advocate Shubhada S Salvi for the Plaintiff. Ms. Zahra Padamsee i/by Vashi and Vashi for the Defendants. Mr. Abbas Khambaty – Partner of Plaintiff present. Mr. Brijesh Mohan Hari – Defendant No.1 present. Ms. Pushpa Hari – Defendant No.2 present.

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CORAM : ARIF S. DOCTOR, J. DATE : 23rd FEBRUARY 2023

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P.C. :

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Learned Counsel for the Plaintiff and the Defendants jointly

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submit that the dispute and differences between the parties have been resolved

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LGC

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2 (901) comss-30.21.doc

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and/or settled. The Partner of Plaintiff and both the Defendants are present in Court. They have been identified by their respective Advocates.

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The parties have tendered the Consent Terms dated 16 th February 2023. The Consent Terms have been signed by the Plaintiff through its partner and both the Defendants and their respective advocates. The Consent Terms are taken on record and marked as “X” for identification.

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Since the parties have amicably settled their disputes in terms of the Consent Terms dated 16th February 2023 executed between the parties, the present Suit is disposed of in terms of the said Consent Terms.

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4 The undertakings given in the Consent Terms are accepted as the undertakings made to this Court.

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Any Notice(s) of Lis Pendens in relation to Plot No. CTS No.3/534 of Mazgaon Division, on the side of Victoria Road at 13, Sant Savta Road, Mazgaon, Mumbai – 400 010 admeasuring 1255.67 Sq.Mtrs are directed to be forthwith cancelled/withdrawn.

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LGC

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In view of disposal of the present Suit, all Interim

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Applications/Summons for Judgment stand disposed of.

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Refund of Court Fees, if any, as per Rules.

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All concerned parties to act upon an ordinary copy of this order duly authenticated by the Court Associate of this Court.

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Certified copy of the present order and Consent Terms (marked X)

is expedited.

(ARIF S. DOCTOR, J.)

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LGC

Harmony Dezigns and Structures LLP through Its Partners Abbas Khambaty v. Brijesh Mohan Hari and Anr.

Case brief

What is this about?

What did the court decide?

Harmony Dezigns and Structures LLP through Its Partners Abbas Khambaty v. Brijesh Mohan Hari and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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