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Bombay High CourtCAS/655/2016disposed off

M/S. R.N.A. Builders (Thr. Partner Mr. Narinder Gupta) v. Shyamsunder Radheshyam Agarwal And ORS.

2021-12-03Hon'Ble Shri Justice A.S. Gadkari2 pages

Tandale 8-SA-344-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 344 OF 2016 WITH CIVIL APPLICATION NO. 655 OF 2016 M/s. R.N.A. Builders Through Partner, Mr. Narinder Gupta ... Appellant/Applicant V/s.

Shyamsunder Radheshyam Agarwal and Ors.

... Respondents Mr. Onam Hingorani i/b. Mr. Dushyant Kumar for Appellant/Applicant. Mr.Sandesh Patil a/w Mr. Chintan Shah i/b. Anusha Amin for Respondent Nos.1 and 2.

CORAM : A.S. GADKARI, J.

DATE : 3rd DECEMBER, 2021.

P.C. :

1.

Mr. Patil, learned counsel appearing for the Respondent Nos.1 and 2 submitted that, the parties herein have settled the matter amicably and have entered into the 'Consent Terms' dated 3rd December 2021. He tendered across the bar original copy of said 'Consent Terms' dated 3rd December, 2021. The said 'Consent Terms' are duly signed by the partner of Appellant and the Respondent No.1 in his personal capacity and as Constituted Attorney for the Respondent No.2. Mr. Narender Gupta, Constituted Attorney for the Respondent Nos.3 to 9 have signed the 'Consent Terms' on behalf of Respondent Nos.3 to 9. Their signatures have been duly identified by their 1/2

Tandale 8-SA-344-2016.odt respective Advocates. The said 'Consent Terms' are taken on record and marked 'X' for identification.

Mr. Patil, learned counsel for the Respondent Nos.1 and 2 also tendered across the bar additional copy of 'Consent Terms' dated 3rd December, 2021 duly signed by the said parties. 2.

Second Appeal is disposed off in terms of 'Consent Terms' dated 3rd December, 2021.

Decree be drawn in terms of 'Consent Terms' dated 3rd December, 2021.

3.

In view of disposal of Second Appeal itself, Civil Application No.655 of 2016 does not survive and is accordingly disposed off. [A.S. GADKARI, J.] by MANOJ R TANDALE Date:

2021.12.13 11:52:06 +0530 MANOJ R TANDALE 2/2