Vadgama Builders v. Hemlata Devidas Jethwa And 42 ORS.

1/13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL SUIT NO.852 OF 2019 WITH COMMERCIAL NOTICE OF MOTION NO.1532 OF 2019 IN COMMERCIAL SUIT NO.852 OF 2019 M/s. Vadgama Builders ....Plaintiff Vs.

Hemlata Devidas Jethwa and Ors. ....Defendants ---- Mr. Faran Khan a/w. Mr. Mittal Munoth i/b. Kookada and Associates for Plaintiff.

Mr. Faisal Vadgama, Partner of plaintiff present. Mr. Pradeep J. Thorat for defendant nos.1, 2, 3, 4a and 4b. Ms. Hemlata Devidas Jethwa- Defendant No. 1; Mr. Hitesh Devidas JethwaDefendant No. 2; Mr. Dinesh Devidas Jethwa- Defendant No. 3; Mr. Bhushan Madan Jalgaonkar- Defendant No. 4a and Ms. Indira Ramesh LabdeDefendant No. 4b are present. ---- CORAM : K.R.SHRIRAM, J.

DATE : 26th AUGUST 2019 P.C.:

At the outset, Mr. Khan tenders draft amendment, which is taken on record and marked "X" for identification. Mr. Thorat has no objection.

Leave to amend the plaint, as per the draft tendered, granted except consequential amendments at the bottom, which is bracketed in blue. Amendment to be carried out within one week from today.

2/13 Mr. Khan seeks leave to withdraw the suit as against defendant nos.5 to 43, none of whom are present in Court. The suit against these defendants dismissed as withdrawn. The allegations made against defendant nos.42 and 43 are also withdrawn.

As regards plaintiff and defendant nos.1, 2, 3, 4(a) and 4(b), these parties have entered into consent terms dated 5th August 2019. Defendant no.4(a), I am told, is present in Court and identified by Mr. Thorat. Defendant no.4(a) states that he understands English but signs in Devanagari script. Defendant nos.1, 2, 3 and 4(b) are present in Court and are identified by Mr. Thorat. Mr. Khan identifies Mr. Faisal Vadgama, who is partner of plaintiff.

Order in terms of the consent terms, which is taken on record and marked "X-1" for identification. All statements accepted as undertakings to this Court and all undertakings are also accepted. Mr. Vadgama for himself and on behalf of plaintiff and all other partners personally undertakes and assures the Court that the cheques given will be honoured on presentation, plaintiff will not close the bank accounts or issue any instructions to stop payment. Mr. Vadgama also assures the Court that plaintiff will not seek any extension for payment. Undertaking and assurance accepted.

3/13 For ease of reference, the consent terms is scanned and reproduced hereinbelow :

4/13

5/13

6/13

7/13

8/13

9/13

10/13

11/13

12/13

13/13 Suit accordingly stands disposed. Refund of court fees, if any, in accordance with rules. All interim applications stand disposed. All interim orders also stand vacated.

(K.R. SHRIRAM, J.)