Rukhsar Amrohi v. Wasem Amrohi And ANR

by JITENDRA SHANKAR NIJASURE Date:

2022.03.05 16:20:24 +0530 JITENDRA SHANKAR NIJASURE jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.916 OF 2021 IN SUIT NO.82 OF 2021 Rukhsar Amrohi ...Applicant/ Plaintiff

Versus

Wasem Amrohi and Anr.

...Defendants ---------- Mr. M.P. Rao, with Ratna Bhargavan and Balakrishnan Menon i/b. R. Bhargavan & Associates for the Plaintiff. Ankita Chatterjee i/b. Siddiquee and Associates for Defendant No.1.

Shrishty Panjabi with Akshay Chavan i/b. Rex Legalis for Defendant No.2.

---------- CORAM :

R.I. CHAGLA J DATE :

4TH MARCH, 2022 ORDER :

1.

The parties have settled their disputes. Consent Terms are tendered. The Consent Terms are taken on record and marked 'X' for identifcation with today's date. These are signed by the Plaintiff and Defendant Nos.1 and 2 and their respective Advocates. I am satisfed that the Consent Terms are 1/3

in order, not contrary to law and have been drawn by the parties of their own volition in refection of their true intentions.

2.

The parties in view of the Consent Terms seek dispensation of service of summons to answer the Plaint by the bailiff. The original Writ of Summons bearing signature of both the Defendants is annexed to this Consent Terms as annexure I. In view of the above settled their disputes, the service of summons to answer the Plaint by bailiff is dispensed with. 3.

The undertakings, if any, in the Consent Terms being accepted as undertakings to the Court.

4.

The Suit is disposed of and decreed in accordance with the Consent Terms. The Interim Applications, if any, are also disposed of.

5.

Drawn up decree/ order is dispensed with unless the parties seek drawn up decree/ order, in which case they are entitled to apply.

2/3

6.

A soft copy of the Consent Terms will be uploaded as the second order in the matter.

7.

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

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 certifcate 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.

9.

All concerned will act on production of a digitally signed copy of this order.

[R.I. CHAGLA J.] 3/3