Disposed¶41

Nirali Parekh and 2 Ors. v. Kishore Vrajlal Soni

Bombay HC17 Jan 2025APP/89/2024

Case brief

AI extract

What is this about?

Consent-terms disposal; Bombay High Court OOCJ; Appeal No.89/2024 against Single Judge order dated 15.04.2024 in IA(L) 29071/2023 in Suit 190/2024; Nirali Parekh v. Kishore Vrajlal Soni; settlement dated 07.03.2025 executed via POA holders (Aditya Parekh; Fenil Kishore Soni); undertakings accepted as undertakings to Court; order and decree in terms of Consent Terms; appeal and suit both disposed; no costs; court fee refund as per rules; no merits, statutes or precedents involved.

What did the court decide?

Order and decree in terms of the Consent Terms dated 7th March 2025; Appeal No.89 of 2024 and Suit No.190 of 2024 disposed of in terms thereof; undertakings in the Consent Terms accepted as undertakings to the Court; no order as to costs; refund of Court Fees, if any, as per rules. ¶41

Nirali Parekh and 2 Ors. vs Kishore Vrajlal Soni — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶41

Ratio / Principle

The Consent Terms dated 7th March 2025 are taken on record and marked 'X' for identification, and all undertakings given in the Consent Terms are accepted as undertakings given to the Court.

¶36

Key takeaways

An order and decree shall be drawn in terms of the Consent Terms dated 7th March 2025, and Appeal No.89 of 2024 as well as Suit No.190 of 2024 are disposed of in terms thereof; there is no order as to costs.ratio¶41

Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction (B. P. Colabawalla & Firdosh P. Pooniwalla, JJ.; 07.03.2025): Appeal No.89 of 2024, filed against the learned Single Judge's order dated 15th April 2024 in Interim Application (L) No.29071 of 2023 in Suit No.190 of 2024, was disposed of on settlement. The parties (Nirali Parekh & Ors. v. Kishore Vrajlal Soni) recorded their settlement in Consent Terms dated 7th March 2025, executed through Power of Attorney holders — Aditya Parekh (Appellant No.3, for himself and Original Defendant Nos.1 and 2) and Fenil Kishore Soni (son of the Respondent) — each of whom confirmed in Court that the terms were read and understood before signature, and countersigned by counsel for both sides (Wadia Ghandy & Co. for the Appellants; Ankur Shah with Akshay Udeshi for the Respondent). The Division Bench took the Consent Terms on record, marked them 'X' for identification, accepted all undertakings therein as undertakings given to the Court, and directed an order and decree in terms of the Consent Terms, disposing of both the Appeal and Suit No.190 of 2024. No order as to costs; refund of Court Fees, if any, as per rules. No issue on merits was adjudicated and no precedent or statutory provision was dealt with; the judgment is of value chiefly as a form of consent-terms disposal with judicially accepted undertakings.

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1.app.89.2024.doc

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

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APPEAL NO.89 OF 2024 IN INTERIM APPLICATION (L) NO.29071 OF 2023 IN

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SUIT NO.190 OF 2024

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Nirali Parekh & Ors.

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.. Appellants Org.Defendants

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Versus

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Kishore Vrajlal Soni .. Respondent

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WITH INTERIM APPLICATION 1388 OF 2024 IN APPEAL NO.89 OF 2024

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Nirali Parekh & Ors.

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.. Applicants Org.Appellants

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In the matter of:-

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Nirali Parekh & Ors.

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.. Appellants Org.Defendants

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Versus

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Digitally signed by UTKARSH UTKARSH KAKASAHEB KAKASAHEB BHALERAO BHALERAO Date: 2025.03.10 10:43:29 +0530

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Kishore Vrajlal Soni

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.. Respondent

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Mr.Raghav Gupta a/w Siddharth Kate i/b Wadia Ghandy and Co., Advocates for the Appellants.

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Mr.Ankur Shah a/w Akshay Udeshi, Advocates for Respondent.

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Mr.Aditya Parekh, Appellant No.3 and POA Holder of Appellant Nos.1 and 2 present in Court.

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Mr.Fenil Kishore Soni , POA Holder of Respondent present in Court.

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Page 1 of 4 MARCH 07, 2025

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Utkarsh

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1.app.89.2024.doc

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CORAM :B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ. DATE : MARCH 07, 2025

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P. C.

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1. The above Appeal is filed assailing the order dated 15^th April 2024 passed by a learned Single Judge of this Court in Interim Application (L) No.29071 of 2023 in Suit No.190 of 2024.

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2. When the above Appeal is called out, we are happy to note that the parties have settled their disputes as recorded in the Consent Terms dated 7^th March 2025. By these Consent Terms, not only is the above Appeal disposed of but so is the Suit.

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3. The Consent Terms have been signed by the Power of Attorney Holder of Kishore Vrajlal Soni, and who is his son. The Power of Attorney is also annexed to the Consent Terms. The son (Fenil Kishore Soni) is present in Court today. He has stated that he has signed the Consent Terms after reading and understanding the same as well as the implications thereof. He has further stated that the Consent Terms have also been perused by his father Kishore Vrajlal Soni and only thereafter the same have been signed by him (i.e. Fenil Soni).

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Page 2 of 4 MARCH 07, 2025

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Utkarsh

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1.app.89.2024.doc

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4. The Consent Terms are also signed by Original Defendant No.3 (Appellant No.3) for himself as well as the constituted attorney for Original Defendant Nos.1 and 2 (Appellant Nos.1 and 2). The Power of Attorney given to Appellant No.3 by Appellant Nos.1 and 2 is also annexed to the Consent Terms. Appellant No.3 who is present in Court today has stated that he has signed the Consent Terms on his own behalf as well as on behalf of Original Defendant Nos.1 and 2 after reading and understanding the same as well as the implications thereof. He has further stated that Original Defendant Nos.1 and 2 have also read and understood the Consent Terms on whose behalf he has signed.

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5. The Consent Terms are also signed by the advocates for the Appellants (Original Defendants) and the advocates for the Respondent (Original Plaintiff).

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6. In these circumstances, the Consent Terms dated 7^th March 2025 are taken on record and marked ‘ X ’ for identification. All undertakings given in the Consent Terms are accepted as undertakings given to the Court.

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Page 3 of 4 MARCH 07, 2025

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Utkarsh

¶39

1.app.89.2024.doc

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7. There shall be an order and decree in terms of the Consent

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Terms and the above Appeal as well as Suit No.190 of 2024 are disposed of in terms thereof. However, there shall be no order as to costs.

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8. Refund of Court Fees, if any, as per rules.

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9. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

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[FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]

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Page 4 of 4 MARCH 07, 2025

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Utkarsh

Nirali Parekh and 2 Ors. v. Kishore Vrajlal Soni

Case brief

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Nirali Parekh and 2 Ors. v. Kishore Vrajlal Soni

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