Dhansukhlal Maganlal Damniwala v. Abhijit Prabhakar Desai And 8 Others

17.COMS 109-17.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL SUIT NO. 109 OF 2017 WITH NOTICE OF MOTION NO. 1610 OF 2018 IN COMMERCIAL SUIT NO. 109 OF 2017 WITH CHAMBER ORDER (L) NO. 1094 OF 2017 IN COMMERCIAL SUIT NO. 109 OF 2017 DHANSUKHLAL MAGANLAL DAMNIWALA ..PLAINTIFF VS.

DR. ABHIJIT PRABHAKAR DESAI & ORS.

..DEFENDANTS --------------------- Mr. Shekhar Baburao Prabhavalkar for plaintif. Mr. Ashotosh Abhyankar present.

Mrs. Ashwini Abhyankar present.

Ms. Sanhita present.

Mrs. Gauri Desai present.

Smt. Yamuna Parekh, Shri Sagar Patil for MCGM. Mr. Alankar Kirpekar i/b. MAG Legal for defendant Nos. 1 to 6. Mr. P.G. Lad a/w. Aparna Kalathil for defendant No.9. --------------------- CORAM : M.S.KARNIK, J.

DATE : MAY 25, 2021 (VIA V.C.) P.C.:- Learned counsel for the plaintif and defendant Nos. 1 to 6 have tendered the consent terms which are taken on record and marked as Exhibit 'X' for identifcation. The consent terms are duly signed by the plaintif and defendant Nos. 1 to 6. The consent terms are also signed by their respective counsel for the purpose of identifcation.

17.COMS 109-17.doc 2.

I have interacted with the plaintif through video conferencing. He is identifed by the advocate for the plaintif. The plaintif agrees to have signed the consent terms and also agrees to abide by the terms of the consent terms.

3.

I have also interacted with the defendant Nos. 1 to 6 through video conferencing. They are identifed by their advocate representing them. The defendant Nos. 1 to 6 agree to have signed the consent terms and also agree to abide by the same. 4.

The defendant Nos. 7 to 9 are formal defendants and no relief is claimed against the defendant Nos. 7 to 9. 5.

I have heard learned counsel for defendant No. 9 - MHADA. She reiterates that no relief has been sought against the defendant No.9 - MHADA.

6.

In view of what is stated in the consent terms, the present suit i.e. Commercial Suit No. 109 of 2017 is disposed of in terms of the consent terms.

7.

The plaintif is entitled to refund of Court fees as per the rules.

8.

In view of the disposal of the suit, Notice of Motion No.1610 of 2018 and Chamber Order (L) No. 1094 of 2017 stand disposed of. No order as to costs.

(M.S.KARNIK, J.)