Gaurav Murlidhar Raimalani v. M/S. Parthesh Developer And 3 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION SUIT NO. 139 OF 2017 WITH NOTICE OF MOTION NO.407 OF 2017 WITH NOTICE OF MOTION NO.378 OF 2019 IN SUIT NO. 139 OF 2017 Gaurav Murlidhar Raimalani ..Plaintiff Vs.

M/s Parthesh Developer & Ors ..Defendants Mr. Pradeep Thorat for Plaintiff/Applicant Mr. Gaurav Murlidhar Raimalani Plaintiff present Mr. Manoj Bhatia I/b Mr. Purav Damania for Defendant Nos.1 to 3 Mr. Rounk Parekh I/b Interjuris for Defendant No.4 Mr. Nirav Pravinkumar Shah-Defendant No.2, Ms Monica Nirav ShahDefendant No.3 and Mr. Savinder J. P. Singh, Assistant General Manager of Defendant No.4 are present in court CORAM : K.R.SHRIRAM, J.

DATE : 26th MARCH, 2019 P.C.:

Parties have entered into the consent terms dated 26th March 2019. The consent terms signed by plaintiff, defendant nos.1, 2, 3, 4 and their respective advocates, is taken on record and marked "X" for identification. Counsel identifies the signatories.

2/9 For ease of reference, scanned copy of the consent terms is reproduced herein below :

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8/9 All statements accepted as undertaking to this court. The undertaking also accepted.

Mr. Thorat appearing for plaintiff states that by tomorrow, he will address a communication to the Prothonotary and Senior Master, High

9/9 Court, Bombay, to foreclose the fixed deposit made by Prothonotary and Senior Master of Rs.1,00,00,000/- that was deposited by plaintiff and immediately upon receiving the amount in the account of Prothonotary and Senior Master, pay over Rs.1,00,00,000/- to defendant no.4, into the account, details of which will be provided by the advocate for defendant no.4. The interest on Rs.1,00,00,000/- to be paid over to plaintiff through the advocate for plaintiff. Mr. Thorat states that he will co-ordinate with the office of the Prothonotary and Senior Master to see that the fixed deposit is foreclosed as soon as possible and the amount remitted to defendant no.4. Mr. Parekh on instructions states that within three days of receiving the amount of Rs.1,00,00,000/-, they shall hand over all documents and release all the properties as mentioned in the consent terms to plaintiff. The same is accepted as an undertaking to this court. Counsel for defendant no.4, confirms having received the amount of Rs.3,74,00,000/- as provided in paragraph 5(v) of the consent terms.

Suit accordingly stand decreed. Drawn up decree dispensed with.

All interim applications stand disposed.

All interim orders stand vacated.

Refund of court fees as per rules.

(K.R. SHRIRAM, J.)