Sandhya Sanjay Sathaye And 3 ORS. v. Prem Leela D'Velopers And 2 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL SUIT NO.149 OF 2018 WITH COMMERCIAL NOTICE OF MOTION NO.275 OF 2018 IN COMMERCIAL SUIT NO.149 OF 2018 Sandhya Sanjay Sathaye and Ors.

....Plaintiffs Vs.

Prem Leela Developers and Ors.

....Defendants ---- Ms. Mona Limdi i/b. LJ Law for plaintiffs.

Ms. Sandhya Sanjay Sathaye, plaintiff no.1 present. Mr. Saarth Sanjay Sathaye, plaintiff no.3 and constituted attorney of plaintiff no.2 and director of plaintiff no.4 present. Mr. B.G. Saraf for defendants.

Mr. Sanjay Tatte, defendant no.2, Mr. Shailesh Raval, defendant no.3 and partners of defendant no.1 present.

---- CORAM : K.R.SHRIRAM, J.

DATE : 19th JUNE 2019 P.C.:

Parties have entered into consent terms dated 18.06.2019. The consent terms signed by plaintiff no.1, plaintiff no.3 for himself and as constituted attorney of plaintiff no.2 and as director of plaintiff no.4, defendant nos.2 and 3 for themselves and as partners of defendant no.1 and their respective advocates is taken on record and marked "X" for identification. Mr. Saraf and Ms. Limdi state that the signatories to the consent terms are present in Court and identify them.

2/6 For ease of reference, the consent terms is scanned and reproduced hereinbelow :

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5/6 Defendant nos.2 and 3 gave an undertaking to this Court for themselves and as partners of defendant no.1 that they shall strictly and meticulously pay the installments as mentioned in paragraph 2 of the consent terms and they shall not commit any default. Undertaking accepted.

6/6 Defendant nos.2 and 3 also state that if they commit any default of any of the installments, immediately there will be an injunction which will come into force on each of their personal assets and until they make the payment of all the installments, including the defaulted installment, they shall not encumber or dispose of or create any third party rights or part with possession of any of their personal assets. This statement is also accepted as undertaking to this Court.

Suit stands decreed in terms of the consent terms. Incase of default, drawn up decree be dispensed with. Refund of court fees, if any in accordance with rules. Notice of motion no.275 of 2018 also stands disposed.

All to act on authenticated copy of this order. (K.R. SHRIRAM, J.)