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Bombay High CourtWP/13182/2017compromisedconsent terms

M/S. Neelkanth Mansions Ltd. v. V. Vishwanath And ORS.

2019-04-11Hon'Ble Shri Justice M.S. Sonak2 pages

906-wp-13182-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13182 OF 2017 M/s. Neelkanth Mansions Limited

...Petitioner

vs.

V. Vishwanath and Others

...Respondents

Mr. J.S. Kini a/w. Ms. Sapna Krishnappa I/b. Mr. Suresh Dubey, for the Petitioner Ms. Rukhsana Peevbhoy, for Respondent Nos. 3 and 4. CORAM : M. S. SONAK, J.

DATE :

APRIL 11, 2019 P.C.:

.

Mr. Kini, learned counsel for the Petitioner seeks leave to delete Respondent Nos. 1 and 2. Leave is granted. Amendment to be carried out forthwith.

2.

Mr. Kini, learned counsel for the Petitioner and Ms. Rukhsana, learned counsel for Respondent Nos. 3 and 4 hand in consent terms which are taken on record and marked "X" for identification. The terms have been signed by Mr. Niraj Patel, the Director of the Petitioner who has been duly authorized to sign these terms. The terms have also been signed by Respondent No. 4 for self and as a Secretary for Respondent No. 3. The resolution of the Respondent No. 3- Society authorized Respondent No. 4 - Mr. Vishal Parekar 1/2

906-wp-13182-2017.doc E.C. John to sign these terms. The consent terms also been signed by the respective advocates for the parties.

3.

The parties who are present in the Court states that they have signed the consent terms after understanding its full and import. Accordingly, this Petition is disposed of in terms of the consent terms.

4.

The undertaking recorded in consent terms are recorded as undertaking to this Court.

5.

Ms. Rukhsana, learned counsel for Respondent No. 3 has today handed to Mr. Kini, learned counsel for the Petitioner a cheque in an amount of Rs. 66,22,584/- for compliance with the application under the consent terms. Mr. Kini has accepted the said cheque for and on behalf of the Petitioner. 6.

Accordingly, this Petition is disposed of in terms of the consent terms.

(M. S. SONAK, J.) Vishal Parekar 2/2