Shantanoo Vishwanath Rane v. Jasani Realty Pvt Ltd

902-SJL-36-2019.DOC jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL SUMMARY SUIT NO. 685 OF 2019 WITH SUMMONS FOR JUDGMENT NO.36 OF 2019 Mr. Shantanoo Vishwanath Rane ... Plaintiff Vs.

M/s. Jasani Realty Pvt. Ltd.

... Defendant Mr. G.B. Kedia, for the Plaintiff.

Mr. Nirav Barot, I/b Maneksha K. Sethna for the Defendant.

CORAM:

R. I. CHAGLA, J.

DATE:

11TH SEPTEMBER, 2019 PC:- 1.

The parties have arrived at settlement in the Commercial Summary Suit. The learned Counsel for the Plaintiff tenders the Consent Terms. Under the Consent Terms the Defendant has agreed and undertaken to the NCLT to pay sum of Rs.7 Crores to the Plaintiff in the manner provided in clause II of the Consent Terms. There is an undertaking in clause V of the Consent Terms by which the Defendant through its Director Mr. Uday Jasani has agreed and undertaken to discharge its liability on the due date of the respective cheques as set out in clause II of the Consent Terms. The Director Mr. Uday Jasani is duly authorised by the Board Resolution dated 20th August, 2019 to sign and execute the 1/2

902-SJL-36-2019.DOC Consent Terms. The certified true copy of the Board Resolution passed at the meeting of the Board of Directors of Jasani Realty Pvt. Ltd. at the registered office of the Company is tendered. This has been signed by the other Director Mrs. Hansa D. Jasani, the mother of Mr. Uday Jasani.

2.

In clause V, it is mentioned that the Board resolution is dated "___/9/2019". The learned Counsel for the parties state that the date is required to be corrected to reflect the correct date "20th August, 2019". This correction shall be carried out by the parties forthwith.

3.

Accordingly, the Consent Terms dated 11th September, 2019 are taken on record and marked "X" for identification. 4.

The Commercial Summary Suit No.685 of 2019 is decreed in terms of the Consent Terms. In view of the Commercial Summary Suit being decreed, the Summons for Judgment accordingly stands disposed of.

( R I. CHAGLA, J. ) 2/2