Raj Enterprises v. Tele-Video Electronics Pvt Ltd And 3 Others

ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 242 OF 2010 Raj Enterprises ...Plaintiffs

Versus

Tele-Video Electronics Private Limited & 3 Ors. ...Defendants Mr. Ganesh Ambekar, i/b Thakore Jariwala & Associates, for the Plaintiffs.

Mrs. Divya Shah, i/b M/s. Divya Shah & Co., for Defendants Nos. 2(a) to 2(c).

Ms. Kavita Shah, for Defendant No. 4.

CORAM: G.S. PATEL, J DATED:

PC:- 1.

The Defendant No. 2 has passed away. Mr. Ambekar for the Plaintiffs tenders a draft amendment. This is taken on record and marked "X" for identification with today's date. Leave to amend in terms of the draft tendered. Amendment to be carried out on or before 14th October 2016 without need of re-verification. 2.

Given the fact that the Suit is being settled, it is not necessary to serve a copy of the amended Plaint on the Defendants. It will be sufficient to forward a copy of the amendment to the Defendants who will complete their own copies accordingly.

3.

Consent Terms are tendered in the Suit. These are signed on behalf of the Plaintiff by its partner/karta, as also by Defendants Nos. 2(a) to 2(c) and Defendant No. 4. As against Defendants Nos. 1 and 3, the Suit is dismissed. This is provided for in the Consent Terms. Defendant No. 2(a) is present in Court, as is the signatory on behalf of the Plaintiffs. The Consent Terms are also signed by the parties' Advocates. Ms. Divya Shah for Defendants Nos. 2(a) to 2(c) will file her vakalatnama in the Registry on or before 14th October 2016. These Defendants are newly added as the heirs of original Defendant No. 2.

4.

I have seen the Consent Terms. They are in order. They are not contrary to law and they appear to reflect the parties' true intention and have been drawn by the parties of their own volition. The Consent Terms are taken on record and marked "X" for identification. The undertakings in the Consent Terms, if any, are accepted as undertakings to the Court.

5.

The Suit is disposed of in accordance with the Consent Terms. There will be no order as to costs.

6.

Drawn up decree dispensed with. However, if for the purpose of implementation of these Consent Terms, should the parties require a drawn up decree, they will be entitled to apply to the Department for one without having to make a separate application in that behalf and on production of an authenticated copy of this order. Drawn up decree is to be strictly in accordance with these Consent Terms only.

7.

Refund of court fee, if any, in accordance with the Rules. 8.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.)