Inox Leisure Limited v. Dilip Harishankar Shrivastav And 3 ORS

Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 630 OF 2018 WITH NOTICE OF MOTION NO. 1390 OF 2018 IN SUIT NO. 630 OF 2018 Inox Leissure Ltd.

.. Plaintiff Vs.

Dilip Harishankar Shrivastav & Ors.

.. Defendants ---- Mr. Durshit Jain a/w. Ms. Kathleen Lobo I/b Khaitan and Co. for the Plaintiff.

Ms. Namrata Sharma-Authorised Signatory of Plaintiff present. Mr. Kishorekumar Shankar Shetty for Defendant No.1. Mr. Phiroze N. Mehta for Defendant No.2.

Ms. Sanan K. Khan for Defendant No.3.

Mr. Ajay V. Jadhav I/b Sandeep N. Karu for Defendant No.4. Mr. Dilip H. Shrivastav-Defendant No.1 present in person. Ms. Deepika D. Shrivastav-Confirming Party No.1 and Mr. Hari Shankar Shrivastav-Confirming Party No.2 present in Court. ---- CORAM : K. R. SHRIRAM, J.

DATE : 3 rd MAY, 2019.

P. C. :

1.

At the outset, learned Counsel Mr. Jain seeks to withdraw the Suit as against Defendant Nos.2, 3 and 4.

2.

The Suit is dismissed as withdrawn as against Defendant Nos.2, 3 and 4.

3.

Plaintiff and Defendant No.1 have entered into Consent Terms dated 02.05.2019. Defendant No.1 has agreed to liquidate certain assets and pay the Plaintiff. His wife and father of Defendant No.1, who are Confirming Party No.1 and Confirming Party No.2,respectively, and who are not parties 1/12

to the present suit, have also agreed to be personally liable for making payment to be made by Defendant No.1 to the Plaintiff as per Consent Terms. The Consent Terms has been signed by Plaintiff, Defendant No.1 and the Confirming parties and their Advocates. Learned Counsel state that the signatory of Plaintiff, Defendant No.1, Confirming Party No.1 and Confirming Party No.2 are present in Court and they identify them. Consent Terms are taken on record and marked 'X' for identification. 4.

For the ease of reference, the Consent Terms are scanned and reproduced below without exhibits: 2/12

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4.

Order in terms of Consent Terms. All statements accepted. All undertakings accepted.

5.

As regards the properties mentioned at serial Nos.2 and 3 of Schedule - I of the Consent Terms, Mr. Jain states that Confirming Party No.1 has requested the Developer to refund the amount paid and the same is mentioned in paragraph (d) - (iv) to (vi) and (e) - (iii) to (v). The Developer shall pay over the amount only to the Prothonotary and Senior Master, High Court, Mumbai and nobody else and the plaintiff may apply for the amount to be paid over to the Plaintiff. 6.

The Suit stands disposed of in terms of Consent Terms. 7.

All the interim applications stand disposed of. All the interim reliefs stand vacated.

8.

Drawn up decree dispensed with.

9.

No order as to costs.

10.

Refund of Court fee, if any, according to rules. 11.

All the parties to act on authenticated copy of the Consent Terms. [K. R. SHRIRAM, J.] 12/12