Parshuram Vishnu Sagvekar v. M/S. K. R. Shopers Pvt. Ltd.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.356 OF 2022 Parshuram Vishnu Sagvekar ... Applicant V/s.

M/s. K.R. Shopers Pvt. Ltd ... Respondent ____________________________________ Mr. Sumit S. Kothari, Advocate for the Applicant. Mr. R. R. Sharma, Advocate for the Respondent. Shri. Parshuram V. Sagvekar-Applicant present in court. Shri. Kanji Rita, Director of Respondent No.1. ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 3 May 2024 P.C.:

1.

Mr. Kothari, appearing for the applicant (original defendant no.3), submits that the respondent nos.2 and 3 were party defendants before the Trial Court. However, they did not appear before the Trial Court, hence the matter proceeded ex-parte against them before the Trial Court.

2.

He further submits that after the eviction decree was passed against the defendant, the appeal was filed only by his client i.e. the present applicant. He further submits that in the appeal the respondent nos.2 and 3 did not appear, and neither they will be file an separate appeal.

3.

He further submits that respondent nos.2, 3 and 4's share

has been taken over by original plaintiff, who is the respondent no.1 before this Court. Hence, the Consent Terms has been entered into by the present applicant and respondent no.1. He further submits that in the Consent Terms, para no.13 it is specifically mentioned that applicant is not seeking any reliefs against respondent nos.2 to 4 and therefore, they are not signatory to the present Consent Terms.

4.

Mr. Sharma, appearing for the respondent on instructions of his client submits that he is agreeing with the submission made by Mr. Kothari. The Consent Terms dated 3 May 2024 is taken on record and marked 'X' for identification. Both the counsel submit that applicant is present in Court and director of respondent no.1 is present in Court. They identify their client and the signature of their client on the Consent Terms.

5.

For ease of reference scan copy of the Consent Terms is reproduced hereinbelow:-

6.

All undertakings given in the Consent Terms are accepted as undertakings given to this Court. All undertakings are also accepted.

7.

The Civil Revision Application is disposed of accordingly. (RAJESH S. PATIL, J.)