Sudakshina Trading Private Limited v. Kamla Shanti Landmark Property And ANR
by JITENDRA SHANKAR NIJASURE Date:
2022.04.05 12:08:36 +0530 JITENDRA SHANKAR NIJASURE jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMS. SUIT NO.1346 OF 2018 WITH INTERIM APPLICATION (L) NO.26949 OF 2021 WITH INTERIM APPLICATION NO.393 OF 2019 Sudakshina Trading Pvt. Ltd.
...Plaintiff
Versus
Kamla Shanti Landmark Property Pvt. Ltd. & Anr.
...Defendants ---------- Ms. Sneha Prabhu with Kinnari Mehta i/b. SSP Legal and Co. for the Plaintiff.
Mr. Bipin Joshi with Vedanshi Shah for Defendant No.1. Nupur Desai i/b. M/s. Markand Gandhi and Co. for Defendant No.2. Zain Mookhi with Yazad Udwadia with Hitesh Mishra i/b. M/s. D.M. Legal Assocaites for Defendant No.3.
---------- CORAM : R.I. CHAGLA J DATE :1ST APRIL, 2022 ORDER :
1.
By the Consent Terms dated 12th July, 2021, it was recorded that the parties have signed the Consent Terms in the Commercial Suit No.1346 of 2018 and which Consent Terms were 1/3
taken on record. Considering that a fresh set conforming to revised filing norms were to be filed, the matter was stood over. Thereafter a fresh set conforming to the revised filing norms have been tendered by the parties to the Associate of this Court. The Consent Terms dated 12th July, 2021 entered into between the parties in Commercial Suit No.1346 of 2018 is taken on record. The Consent Terms have been signed by the Plaintiff and Defendant Nos.1 to 3 as well as by their respective Advocates.
2.
I am satisfied that the Consent Terms are in order, not contrary to law and have been drawn by the parties of their own volition in reflection of their true intentions. 3.
The undertakings, if any, in the Consent Terms being accepted as undertakings to the Court.
4.
The Commercial Suit No.1346 of 2018 is disposed of and decreed in accordance with Consent Terms.
5.
In view of the disposal of the Suit, the Interim Applications, if any, are disposed of as become infructous. 2/3
6.
Drawn up decree/ order is dispensed with unless the parties seek drawn up decree / order, in which case they are entitled to apply.
7.
A soft copy of the Consent Terms will be uploaded as the second order in the matter.
8.
Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application. [R.I. CHAGLA J.] 3/3