New Shahajahan Hotel v. Shabiir Saifuddin Maimoon And ORS.

spm 1 3-civil-cra179.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 179 OF 2021 WITH INTERIM APPLICATION NO. 3704 OF 2020 New Shahajahan Hotel .....Applicant Vs.

Shabiir Saifuddin Maimoon and Ors.

.....Respondents WITH INTERIM APPLICATION (ST) 6799 OF 2021 IN CIVIL REVISION APPLICATION NO. 179 OF 2021 Shabiir Saifuddin Maimoon and Ors.

.....Applicants Vs.

New Shahajahan Hotel .....Respondent Ms. Disha Mehta a/w Mr. Ayaz Bilawala and Ms. Shweta Dali i/by Bilawala & Company for Applicant.

Smt. Kavita Shah for Respondent Nos. 1 and 2. CORAM : A. S. GADKARI, J.

DATE : 21st MARCH, 2022.

P.C.:- Learned Advocate for the Applicant in Revision Application No. 179 of 2021 submitted that, the parties herein have settled the matter amicably and executed the Consent Terms dated 21st March, 2022. She tendered across the bar Consent Terms dated 21st March, 2022. The said 1/2

spm 2 3-civil-cra179.2021.doc Consent Terms are signed by the Partner of the Applicant, Respondent No. 1 and Constituted Attorney of Respondent No.2. Their signatures have been identified by their respective Advocates. The signatories to the said Consent Terms are personally present in the Court and admit that, they have executed the said Consent Terms.

The Power of Attorney dated 29th July, 2004 has been executed by Respondent No.2 in favour of Mr. Yusuf S. Contractor and Mr. Houzefa S. Contractor. A photo copy of the said Power of Attorney executed by Respondent No.2 is annexed with the Consent Terms. The said Consent Terms are taken on record and marked "X" for identification. The undertakings mentioned in the said Consent Terms are accepted as undertakings given to this Court by the respective parties. 2.

In pursuance of para 4(b) of the Consent Terms, Respondent No. 2 is permitted to withdraw the amount of Rs.60,768/- deposited by the Applicant in the Registry of this Court with interest accrued thereon, if any. 3.

Revision Application No.179 of 2021 is accordingly disposed off, in terms of Consent Terms dated 21st March, 2022. 4.

In view of disposal of Revision Application No.179 of 2021, Interim Application No.3704 of 2020 and Interim Application (St.) No.6799 of 2021 do not survive and are also disposed off. (A.S. GADKARI, J.) 2/2