Disposed

Sumermal Mishrimal Bafna and Ors. v. Surendra Babulal Mehta

Bombay HC14 Jun 2023WP/1960/2002

Case brief

AI extract

What is this about?

The High Court of Bombay allowed amendments to add original defendant's brothers and the petitioner's trust trustees to a writ petition. The court recorded consent terms signed by parties settling the dispute and handed over possession of premises, then disposed of the writ petition along with pending applications.

What did the court decide?

Petition, interim applications dismissed by consent and possession of premises handed over to Petitioners.

Sumermal Mishrimal Bafna and Ors. Vs Surendra… — Writ and Judicial Review | Bombay HC (2023)

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WP 1960-02 @ IA 7927-23 & IA 7928-23-Corrected.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 1960 OF 2002

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Sumermal Mishrimal Bafna and Ors. ...Petitioners Vs.

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Surendra Babulal Mehta … Respondent

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WITH INTERIM APPLICATION NO. 7926 OF 2023 WITH INTERIM APPLICATION NO. 7927 OF 2023 WITH INTERIM APPLICATION NO. 7928 OF 2023 IN

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WRIT PETITION NO. 1960 OF 2002

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Kiranrajji Mangilalji Shah ..Applicant In the matter Between Sumermal Mishrimal Bafna and Ors. ...Petitioners Vs. Surendra Babulal Mehta … Respondent -----

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Mr. Ram. S. Apte, Senior Advocate with Mr. P. B. Shah and Ms. Gunjan Shah i/b Mr. M.V. Rawoot for Applicants/Petitioners.

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Mr. Sankalan Das i/b Mr. P. P. Kakade for Respondents.

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Mr. Vikas Parekh, Mr. Jagdish Mehta, Mr. Prafulla Shah, Mr. Mayank Shah, Petitioners No. 2,3 6 and 7 present.

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Mr. Suresh B. Mehta, Mr. Jitendra B. Mehta, Mr. Ashok B. Mehta, Ms. Neeta N. Shah, Ms. Bavna S. Shah, Respondents No. 1 to 5 present. Ms. Vanita S. Mehta, Mr. Miten S. Mehta, Ms. Pinky S. Mehta, Ms. Rekha J. Mehta, Mr. Chirag J. Mehta, Ms. Niki J. Mehta, Ms. Surekha A. Mehta, Ms. Mansi A. Mehta, Ms. Megavi A. Mehta, Mr. Harsh N. Shah, Mr. Jay N. Shah and Mr. Akshay S. Shah, family members of Respondents No. 1 to 5 present.

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CORAM: ABHAY AHUJA J. DATE : 14 JUNE 2023

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This order is corrected as per speaking to the minutes of the order dated 23th June 2023. Nikita Gadgil

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1 of 4

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WP 1960-02 @ IA 7927-23 & IA 7928-23-Corrected.odt

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P.C. :

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Interim application no. 7927 of 2023

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By this interim application, applicant is seeking to add the brothers of the original defendant as parties to the present petition as contained in the schedule annexed thereto.

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Mr. Apte, learned Senior Counsel submits that amendment is formal in nature as consent terms have been entered into today for resolving the entire dispute. Mr. Das, learned Counsel for the Respondents has no objection if the application is allowed.

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Having heard the learned Counsel for the parties and having perused the application, the application is allowed in terms of prayer clause (a) of the application. Let the amendment be carried out forthwith.

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Interim application stands disposed of.

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Interim application no. 7928 of 2023

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This is an interim application seeking to bring on record the present

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This order is corrected as per speaking to the minutes of the order dated 23th June 2023. Nikita Gadgil

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2 of 4

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WP 1960-02 @ IA 7927-23 & IA 7928-23-Corrected.odt

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trustees of the Petitioner’s trust. Mr. Apte, learned Senior Counsel would submit that the amendment is formal in nature as no new averments are sought to be made. He submit that the petition is already settled as consent terms has been filed in the matter. Mr. Das, learned Counsel for the Respondent has no objection is the application is allowed.

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Having heard the learned Counsel for the parties and having perused the application, the application is allowed in terms of prayer clause (a) of the application. Let the amendment be carried out forthwith.

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Interim application stands disposed of.

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Writ Petition No. 1960 of 2002

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Parties have tendered across the bar Consent Terms dated 14 June 2023 between the parties seeking to settle the litigation. The Consent Terms contain terms of settlement and are duly signed by the parties and their counsel as well as chairman and managing trustee of the trust, who has been authorised by the other trustees. Consent Terms are taken on record and marked ‘X’ for the purposes of identification.

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This order is corrected as per speaking to the minutes of the order dated 23th June 2023. Nikita Gadgil

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3 of 4

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WP 1960-02 @ IA 7927-23 & IA 7928-23-Corrected.odt

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Undertakings given in the said Consent Terms are accepted by the Court. Possession letter is also part of the Consent Terms at page 29. The possession of the subject premises has been handed over to the Petitioners by the Respondents. It is also recorded that five cheques of the amounts mentioned at page 28 of the Consent Terms are handed over by the Petitioner trust to the Counsel for the Respondents.

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Writ Petition stands disposed of in terms of the Consent Terms. Pending interim applications, if any, accordingly stand disposed.

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(ABHAY AHUJA, J.)

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This order is corrected as per speaking to the minutes of the order dated 23th June 2023. Nikita Gadgil

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Sumermal Mishrimal Bafna and Ors. v. Surendra Babulal Mehta

Case brief

What is this about?

What did the court decide?

Sumermal Mishrimal Bafna and Ors. v. Surendra Babulal Mehta

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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