Chutararam Nemaram Gehlot And ANR. v. Mohd. Jafar Ansari

903 comsl237-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL SUIT (L) NO.237 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr.Alankar Kirpekar i/b M/s.MAG Legal for the plaintiff Mr.Madhav Ramdas Mudhale, authorised representative of plaintiff nos.1 and 2 Mr.Manoj K. Gupta a/w Mr.S.K.Tiwari for the defendants Mr.Moha Jafar Ansari, defendant present in person CORAM : K. K. TATED, J.

DATE : SEPTEMBER 22, 2017 P.C.:

1.

Heard the learned counsel for the parties.

2.

Advocate for the plaintiff submits that they may be permitted to carry out amendment in cause title of plaint as per Schedule annexed to the Consent Terms.

3.

The learned counsel for the defendant no.1 submits that they have no objection if his son Mohd. Zeeshan Ansari is added as defendant no.2. He submits that he received instruction from defendant no.2 to file his Vakalatnama. He Mohite 1/2

903 comsl237-17 undertakes to file his Vakalatnama on behalf of added defendant no.2 within one week from today. 4.

Same is accepted.

5.

Both the counsel submit that matter is settled out of court. They tendered Consent Terms dated 22.9.2017 duly signed by the plaintiff as well as both the defendants.

6.

Advocate for the defendant submits that Consent Terms are explained by both the defendants in Hindi Language. To that effect they made a statement in paragraph 8 of the Consent Terms. Same is accepted.

7.

Consent Terms are taken on record and marked 'X' for identification.

8.

Undertaking given in paragraph 4, 5 and 6 by the defendants is accepted.

9.

Suit stands disposed of in terms of Consent Terms. Consent Terms be treated as part and parcel of decree.

10.

Plaintiff to carry out amendment as stated hereinabove within 3 weeks from today, failing which the Suit shall stand dismissed without further reference to the court.

11.

Refund of court fee as per rules.

(K.K.TATED, J.) Mohite 2/2