Sampronius Francis D'Souza And ANR v. Lalitambika Builders And Developers Pvt. Ltd. And ANR

904-LPETN28-18.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 28 OF 2018 IN SUIT NO. 536 OF 2017 Sampronius Francis D'Souza & Anr

...Petitioners

Versus

Lalitambika Builders & Developers Pvt Ltd

...Respondents

Mr P Vas, i/b P Vas & Co, for the Petitioners. Mr Jas Sanghvi, i/b PDS Legal, for Defendant No. 1. CORAM: G.S. PATEL, J DATED:

7th February 2018 PC:- 1.

This Petition is wrongly listed on board as being a Petition under Clause XII of the Letters Patent. It is for leave under Order 23 Rule 3-B of the Code of Civil Procedure 1908. It is needed because leave was obtained under Order 1 Rule 8 to sue in a representative capacity and the Suit was thereafter settled or compromised or proposed to be settled or compromised. Signed Consent Terms are annexed at Exhibit "2" to this Petition. These Consent Terms are dated 25th January 2018.

7th February 2018

904-LPETN28-18.DOC 2.

The required Resolution of the society is at Exhibit "3". The Consent Terms in question in draft were placed before the society which approved these on 16th January 2018.

3.

In view of these facts, leave granted and the Petition is made absolute.

(G. S. PATEL, J) 7th February 2018