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Bombay High CourtS/75/2013consent term

Gopal B. Ahuja v. Jagdish B. Ahuja And 18 ORS

2017-12-18Hon'Ble Shri Justice S.C. Gupte2 pages

s75-13.doc sg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.75 OF 2013 Gopal B. Ahuja ...Plaintiff vs Jagdish B. Ahuja And 18 Ors.

...Defendants .....

Mr. Gauraj Shah, i/b. Abhijeet B. Desai, for the Plaintiff. Mr. Ravi Gandhi, a/w. Ms. Mahek Kamdar and Ms. Nikita Vardhan, i/b. Kanga & Co., for Defendant No.1.

Mr. Jayesh Vyas, for Defendant Nos. 2, 4, 5, 7, 9, 10 and 11. Mr. Ravi Talreja, for Defendant No.3.

Mr. Kalpesh Nansi, for Defendant No.6.

Ms. Sujata More, i/b. Desai Desai Carrimjee & Mulla, for Defendant Nos. 1219, 21, 22 and 25. Mr. Mahesh Chandanshiv, for newly added Defendant Nos. 20, 23 and 24. .....

CORAM : S.C. GUPTE, J.

DATED : DECEMBER 18, 2017 P.C. :

.

Learned Counsel for the parties tender Consent Terms signed not only between the Plaintiff and the existing Defendants but also between some others, who are sought to be added as party Defendants. Learned Counsel, therefore, seek amendments in the cause title as well as the body of the plaint.

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s75-13.doc 2.

The draft amendment handed in, which is taken on record, marked "X" for identification is, accordingly, allowed. The amendment to be carried out within one week from today.

3.

The re-verification is dispensed with.

4.

The newly added Defendants tender their vakalatnama through their Advocate. The same is taken on record. 5.

The suit is settled as between the Plaintiff and Defendant Nos. 1, 12, 13 and 15 to 25 in accordance with the Consent Terms handed in, which are taken on record marked "Y" for identification. The statements and undertakings contained in the Consent Terms are accepted. The suit is decreed as between the Plaintiff and Defendant Nos. 1, 12, 13 and 15 to 25 in terms of the consent terms. The Plaintiff does not press his suit against Defendant Nos. 2 to 11 and 14. The suit is, accordingly, dismissed as not pressed against these Defendants. No order as to costs. Refund of Court fees in accordance with the applicable rules. 6.

This order is passed in the presence of the Plaintiff and Defendant Nos. 1, 12, 13 and 15 to 25.

( S.C. GUPTE, J. ) Pg 2 of 2