Keystone Realtors Pvt. Ltd. v. Ruchita Developers And 4 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL SUIT NO. 265 OF 2018 WITH INTERIM APPLICATION NO. 529 OF 2020 IN COMMERCIAL SUIT NO. 265 OF 2018 Keystone Realtors Private Limited ...

Plaintiff

Versus

Ruchita Developers & Ors.

...

Defendants Mr. Sanjay Kadam a/w Mr. Sanjeel Kadam, Nitisha Lad, Sayali Rajpurkar i/b Kadam & Company for the Plaintiff.

Mr. Atman Mehta a/w Vipul Patel i/b Law Charter for Defendant Nos.1 and 2.

Ms. Neha Javeri i/b Manilal Kher Ambalal & Co. for Defendant Nos.3 to 5. CORAM : R.I. CHAGLA, J.

DATED : 23rd FEBRUARY, 2022.

ORDER :

Notice of Motion Nos.385 of 2017 and 401 of 2019, not on board, taken on board.

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The parties have settled their disputes. The Consent Terms are tendered. The Consent Terms bearing today's date are taken on record and marked 'X' for identification. These are signed by the Plaintiff and Defendant Nos.1 and 2 and their Advocates. The Plaintiff and Defendant Nos.1 and 2 are present in Court.

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.

The undertakings, if any, in the consent terms are accepted as undertakings to the Court.

It is stated in Clause 11 of the Consent terms that the Plaintiff and Defendant Nos.1 and 2 have admitted, accepted and confirmed that the above Suit No.265 of 2018 including Notice of Motion taken out against Defendant Nos.3, 4 and 5 are withdrawn forthwith without any orders. Accordingly, the Suit No.265 of 2018 is disposed of as withdrawn against Defendant Nos.3, 4 and 5.

The Suit is disposed of and decreed in accordance with the Consent Terms.

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In view of disposal of Suit No.265 of 2018, the Interim Application and Notices of Motion are disposed of. Drawn up decree/ order is dispensed with unless the parties seek drawn up decree/ order, in which case they are entitled to apply. A soft copy of the Consent Terms will be uploaded as the second order in the matter.

The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course. 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.

of this order.

(R.I. CHAGLA, J.) Digitally signed by WAISHALI SUSHIL WAGHMARE Date:

2022.02.26 10:49:45 +0530 WAISHALI SUSHIL WAGHMARE 3/3