Sajjid Amir Khan And 2 ORS v. Shree Developers

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL SUIT NO.907 OF 2019 Sajjid Amir Khan and Ors.

....Plaintiffs Vs.

Shree Developers ....Defendant ---- Mr. Deepak Chitnis I/b. M/s. Deepak Chitnis-Chiparikar and Co. for plaintiffs.

Mr. Sajjid Amir Khan- plaintiff no.1 present. Ms. Sonali Dalvi I/b. Mr. Mangesh Parte for defendant. Mr. Digamber Sukhee- Partner of defendant present. ---- CORAM : K.R.SHRIRAM, J.

DATE : 15th JULY 2019 P.C.:

At the outset, Ms. Dalvi states that her instructing advocate - Mr. Mangesh Parte will file Vakalatnama on behalf of defendant during the course of this week. Statement accepted.

Plaintiffs and defendant have entered into consent terms and also minutes of the consent order. The minutes of the consent order is undated whereas the consent terms is dated 4th July 2019. Both have been stitched together and notarised.

The consent terms is signed by plaintiff no.1 for himself and as constituted attorney of plaintiff no.2 and plaintiff no.3 and these plaintiffs have also signed the minutes of the consent order, partner of defendant and their respective advocates. Mr. Chitnis states that plaintiff nos.2 and 3

2/9 signed in his presence and he is also satisfied that plaintiff no.1 has the requisite power to sign the consent terms. Plaintiff no.1 states that plaintiffs are the only legal heirs of late Mrs. Rasheeda Firdaus Khan and there is no impediment to the Court taking on record the consent terms. The consent terms is marked "X" for identification alongwith the minutes of the consent order. Plaintiff no.1 and one Digamber Sukhee, partner of defendant are present in Court and are identified by their advocates. For ease of reference, minutes of the consent order and consent terms are reproduced hereinbelow :

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8/9 All statements accepted as undertaking to this Court and all undertakings are also accepted.

Suit stands decreed in terms of the consent terms. Drawn up decree dispensed with. Refund of court fees, if any, in accordance with rules. No order as to costs.

9/9 All to act on authenticated copy of this order. (K.R. SHRIRAM, J.)