M/S. Zoy Shelcon Pvt Ltd v. Jamila Ismail And 10 ORS. And Aamirmohamed Bhopali (Applicant/Prop.Def.No.12)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.698 OF 2017 WITH CHAMBER SUMMONS NO.742 OF 2017 WITH NOTICE OF MOTION NO.956 OF 2017 IN SUIT NO.285 OF 2017 M/s. Zoy Shelcon Private Limited ....Plaintiff Vs.

Jamila Ismail and Ors.

....Defendants ---- Mr. Mohammad Akkaram Bastivi for plaintiff.

Mr. Nisar Kazi, Managing Director of plaintiff present. Mr. Surya Das for defendant nos.6 to 9.

Mr. Pawankumar R. Prasad for defendant no.10. Mr. Mujeeb Mohammed Chhapra, defendant no.6, Cecilia Helen Almeida, defendant no.7, Mr. Sanjay Damji Vira and Jenis Sanjay Vira, defendant no.8, Mr. Jayantilal Kanji Gala, defendant no.9, Veluben Virji Karia, defendant no.10 and Mr. Aamir Mohamed Bhopali, defendant no.12 present.

---- CORAM : K.R.SHRIRAM, J.

DATE : 10th DECEMBER 2018 P.C.:

CHAMBER SUMMONS NO.698 OF 2017 By consent, chamber summons is allowed and accordingly disposed in terms of prayer clause - (a).

Leave to bring on record applicant as defendant no.12 granted. Amendment to be carried out forthwith.

Mr. Surya Das undertakes to file Vakalatnama on behalf of defendant nos.6 to 9 within one week from today. Undertaking accepted.

2/3 Plaintiff, defendant nos.6,7,8,9,10 and 12 have entered into separate consent terms all dated 10th December 2018. The consent terms have been signed by the Managing Director of plaintiff - one Mr. Nisar Kazi and the concerned defendant. So far as defendant no.8 is concerned, the consent terms is also signed by the wife of defendant no.8. Mr. Nisar Kazi and defendant nos. 6,7,8,9,10 and 12 are present in Court and are identified by their respective advocates, who confirmed their presence in Court. The consent terms are taken on record and marked "X" to "X-5", respectively for identification.

Order in terms of the consent terms. All undertaking given in the consent terms are accepted and so ordered. The statements are also accepted as an undertaking to this Court.

Suit as against defendant nos. 6,7,8,9,10 and 12 stand disposed in terms of the consent terms.

The counsel for plaintiff seeks leave to withdraw the suit as against defendant nos.1 to 5.

Suit dismissed as withdrawn as against defendant no.1 to 5. Suit as against defendant no.11(a) to 11(d) be stood over to 21st December 2018 for directions.

3/3 All to act on authenticated copy of this order. (K.R. SHRIRAM, J.)