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Bombay High CourtCRA/170/2015

Mahesh N. Ajmera v. Govindram Brothers Pvt. Ltd. And ANR

2018-07-16Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

4.CRA-170-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Revision Application NO. 170 OF 2015 Mahesh N. Ajmera ...Applicant

Versus

Govindram Brothers Pvt. Ltd.

And Anr

...Respondents

....

Mr. Ashish Dubey, Advocate for the Applicant. Mr. Pradeep R. Tiwari, Advocate for the Respondents. ....

CORAM : R. G. KETKAR, J.

DATE : 16th JULY, 2018 P.C.

1.

Heard Mr.Ashish Dubey, learned counsel for the applicant and Mr.Pradeep Tiwari, learned counsel for the respondents, at length. 2.

The learned counsel appearing for the parties have tendered Consent Terms dated 21.3.2018 duly signed by the applicant and first respondent and their Advocates. Along with the consent terms rough plan and sanctioned plan showing dimension is enclosed at Exhibit-1A and 1B. Copy of the resolution authorizing Mr. Rahul Gaikwad by respondent No.1 is enclosed at Exhibit-2. The consent terms along with the Annexures is taken on record and marked 'A collectively', for identification. 3.

The learned counsel for the parties submit that respondent No.1 is the only contesting respondent and clause-6 of the consent terms provides for deletion of respondents No.2a to 2d as being formal parties 1 / 2

4.CRA-170-15.doc being heirs and legal representatives of original defendant. Leave granted. Amendment shall be carried out forthwith.

4.

The consent terms provide that respondent No.1 admits the applicant as a tenant on terms and conditions set out in clause-3 of the consent terms. The learned Counsel for the parties submit that the controversy between the parties is lawfully settled in terms of the consent terms and C.R.A. may be disposed of accordingly. 5.

Mr. Dubey states that the applicant is present in the Court. He has tendered photo-copy of applicant's Aadhaar Card which is taken on record and marked 'B' for identification. Mr.Tiwari states that Rahul Gulabchand Gaikwad, authorized representative of respondent No.1 is present in the Court. Mr. Tiwari has tendered photo-copy of his PAN card, which is taken on record and marked 'C' for identification. The parties admit and confirm the correctness of the consent terms. 6.

After perusing the consent terms, I am satisfied that the controversy between the parties is lawfully settled in terms of the consent terms. The undertakings given by the parties in the consent terms are accepted. Decree be drawn in terms of the consent terms. Civil Revision Application is disposed of in terms of the consent terms. Order accordingly. (R. G. KETKAR, J.) Deshmane (PS) by Pradipkumar Prakashrao Deshmane Date: 2018.07.27 15:46:07 +0500 Pradipkumar Prakashrao Deshmane 2 / 2