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Bombay High CourtCOMIP/49/2010consent term

Hasmukhrai And Co. v. Hasmukh And Co (P.G.)

2019-09-04Hon'Ble Shri Justice K.R. Shriram11 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL I.P.SUIT NO.49 OF 2010 M/s.Hasmukhrai & Co.

)....Plaintiffs V/s.

M/s.Hasmukh & Co. (P.G.) )....Defendant ---- Mr.Rashmin Khandekar a/w Mr.Bhuvan Singh and Ms.Blossom Noronha i/by Jehangir Gulabbhai and Bilimoria and Daruwalla for plaintiffs.

[Mr.Sanjay Shah-partner of plaintiff present]. Mr.Hiren Kamod i/by M/s.Bharat Shah and Co. for defendant. [Mr.Maheshchandra N.Pandya, Mr.Rajanikant N.Pandya and Mr.Vishnuprasad N.Pandya-partners of defendant present in Court] ---- CORAM :K.R.SHRIRAM,J DATE : 4.9.2019 P.C.:- 1.

At the outset, I have to note that one of the signatories of defendant Maheshchandra N. Pandya has signed in Gujarati and Mr.Kamod for defendant states that he will produce Mr.Maheshchandra N.Pandya before the Chief Translator of this court during the course of today to explain the consent terms. Order noted below is subject to the Mr.Maheshchandra N.Pandya being produced before the Chief Translator of this court and endorsement of having

2/11 explained made by Chief Translator of this court. 2.

Plaintiff and defendant have entered into consent terms dated 4.9.2019. The consent terms signed by all the partners of plaintiff through its authorized signatory, Sanjay Shah and the 3 partners of defendant and their respective advocates is taken on record and marked `X' for identification. The signatories are present in court and are identified by their respective advocates. 3.

For ease of reference, consent terms is scanned and reproduced below :-

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Order in terms of consent terms. All statements accepted as undertaking to this court. All undertakings are also accepted. Suit accordingly stands disposed in terms of the consent terms. No order as to costs. Refund of court fees if any in accordance with Rules. 5.

Counsel state that parties have filed certain original documents and request a direction to the registry to return the same. Registry to return the original documents in exchange for a photo copy of those documents duly certified as true copies by the advocates on record.

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