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Bombay High CourtIA/2891/2022disposed off

Dhairap J Shah Proprietor Of M/S Hari Collection v. M/S. Indian Fabric Company Thr. Its Partner Mukesh Maganlal Doshi

2023-02-21Hon'Ble Shri Justice Amit Borkar2 pages

17-ia-2891-22 in fast-16422-21.doc SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2891 OF 2022 IN FIRST APPEAL (ST) NO.16422 OF 2021 Dhairap J Shah Proprietor of M/s Hari Collection, Mumbai ...

Applicant/ Appellant V/s.

M/s. Indian Fabric Company Thr.

Its Partner Mukesh Maganlal Doshi ... Respondents WITH INTERIM APPLICATION NO. 2906 OF 2022 WITH INTERIM APPLICATION NO. 2908 OF 2022 WITH FIRST APPEAL (ST) NO.16419 OF 2021 Dhairap J Shah Proprietor of M/s Hari Collection, Mumbai ... Applicant V/s.

M/s. Neela (Export Agency) Thr.

Its Partner Mukesh Magana Rishi, Mumbai ... Respondent WITH INTERIM APPLICATION NO. 2892 OF 2022 Dhairap J Shah Proprietor of M/s Hari Collection, Mumbai ... Applicant V/s.

M/s. Indian Fabric Company Thr.

Its Partner Mukesh Maganlal Doshi ... Respondent Mr. Ashish Dubey @ Rahul Tripathi for the Applicant. Mr. Ajay Dubey i/by Bhupendra for the Respondent.

17-ia-2891-22 in fast-16422-21.doc

CORAM

: AMIT BORKAR, J.

DATED : FEBRUARY 21, 2023 P.C.:

INTERIM APPLICATION NO.2891 OF 2022 1.

Parties have settled their disputes. Hence, delay in filing the Appeal is condoned.

INTERIM APPLICATION NO.2906 OF 2022 2.

Parties have settled their disputes. Hence, delay in filing the Appeal is condoned.

FIRST APPEAL (ST) NO.16422 OF 2021 3.

The Appeal arises out of suit for recovery of amount. The parties have settled their disputes. The Defendant has undertaken to pay amount as specified in clause (6) of the consent terms. The Appeal stand disposed of as per consent terms. 4.

Undertakings in the consent terms are accepted. 5.

Decree stands modified according to the consent terms. 6.

Consent terms are marked 'X' and 'Y' for identification. 7.

Both Appeals stand disposed of.

8.

Civil Applications do not survive. Parties who have signed the consent terms are present in the Court.

9.

Court fees is permissible as per rules, be refunded. (AMIT BORKAR, J.)