Disposed¶39

Nirali Parekh and 2 Ors. v. Kishore Vrajlal Soni

Bombay HC21 Feb 2025IA/1388/2024

Case brief

AI extract

What is this about?

Consent disposal order, Bombay HC DB (Colabawalla & Pooniwalla, JJ.), 07-03-2025; Nirali Parekh & Ors. v. Kishore Vrajlal Soni; Appeal No. 89/2024 in IA(L) 29071/2023 in Suit No. 190/2024 (with IA 1388/2024) disposed along with the suit per Consent Terms dated 07-03-2025 signed by POA holders verified in Court (Fenil Kishore Soni; Aditya Parekh); undertakings accepted as undertakings to the Court; terms marked 'X'; order and decree in terms of Consent Terms; no costs; court fee refund per rules; no issues adjudicated on merits, no statute or precedent engaged.

What did the court decide?

Appeal No. 89 of 2024 and Suit No. 190 of 2024 disposed of in terms of the Consent Terms dated 7 March 2025; order and decree to be drawn in terms thereof; no order as to costs; refund of court fees, if any, as per rules. ¶39

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Appeal No. 89 of 2024 and Suit No. 190 of 2024 should stand disposed of in terms of the Consent Terms dated 7 March 2025. +1 more

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Court's answer

Having satisfied itself through the in-Court statements of the POA holders (and annexed Powers of Attorney) that the Consent Terms dated 7 March 2025 were read and understood, the Court took the Consent Terms on record, marked 'X' for identification, and accepted all undertakings therein as undertakings given to the Court.

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Ratio / Principle

There shall be an order and decree in terms of the Consent Terms dated 7 March 2025, and Appeal No. 89 of 2024 together with Suit No. 190 of 2024 are disposed of in terms thereof.

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Key takeaways

There shall be no order as to costs.ratio¶39

Detailed headnote1 paragraphs

Bombay High Court (O.O.C.J.), division bench of B. P. Colabawalla and Firdosh P. Pooniwalla, JJ. (order dated 7 March 2025): Appeal No. 89 of 2024 preferred by Nirali Parekh & Ors. (original defendants) against the learned Single Judge's order dated 15 April 2024 in Interim Application (L) No. 29071 of 2023 in Suit No. 190 of 2024 (Kishore Vrajlal Soni, original plaintiff) was disposed of along with the Suit itself, in terms of Consent Terms dated 7 March 2025. The Court recorded that the Consent Terms were signed by the power-of-attorney holders of both sides - Fenil Kishore Soni (son) for the plaintiff, and Aditya Parekh (Appellant No. 3) for himself and as constituted attorney for Defendants/Appellants Nos. 1 and 2 - with the annexed Powers of Attorney, and by counsel for both sides; both POA holders, present in Court, affirmed that they had signed after reading and understanding the terms and their implications, and that their principals had likewise read and understood them. The Consent Terms were taken on record and marked 'X' for identification; all undertakings therein were accepted as undertakings given to the Court. An order and decree was directed to be drawn in terms of the Consent Terms; there was no order as to costs; refund of court fees, if any, was permitted as per rules. No contested issue was adjudicated and no statute or precedent was cited.

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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. .. 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. .. 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

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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

What is this about?

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Nirali Parekh and 2 Ors. v. Kishore Vrajlal Soni

Case brief

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What the court decided

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