Umanand Apartment Co Operative Housing Society Ltd. And 10 Others v. Class Apart (India) Pvt Ltd. And 7 Others

904-COMS-860-19-NMCD-1535-19-&-1975-19.doc Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL SUIT NO.860 OF 2019 ALONG WITH NOTICE OF MOTION NO.1535 OF 2019 Umanand Apartment Co-operative Housing Society Ltd., Mumbai and Ors.

....Plaintiffs-Applicants V/s.

Class Apart (India) Pvt. Ltd., Mumbai and Ors. ....Defendants ALONG WITH NOTICE OF MOTION NO.1975 OF 2019 IN COMMERCIAL SUIT NO.860 OF 2019 Class Apart (India) Pvt. Ltd., Mumbai ....Applicant In the matter between Umanand Apartment Co-operative Housing Society Ltd., Mumbai and Ors.

....Plaintiffs V/s.

Class Apart (India) Pvt. Ltd., Mumbai and Ors. ....Defendants Mr. Rohaan Cama, with Mr. Chandra Naik, for the Plaintiffs-Applicants. Ms. Aneeta Vasani, i/by Mr. Omprakash Pandey, for Defendant Nos.1, 2 and 6. Mr. Sagar Patil, with Mr. D.S. Shingade, for Defendant Nos.7 and 8. CORAM : A.K. MENON, J.

DATED : 18 TH DECEMBER, 2019.

1/2

904-COMS-860-19-NMCD-1535-19-&-1975-19.doc P.C. :

1.

Learned counsel for the plaintiffs tenders consent terms signed between the plaintiffs and defendant nos.1, 2 and 6 and their Advocates. Learned counsel for the plaintiffs submits that defendant nos.3, 4 and 5 are not directors of the 1 st defendant and hence the suit against them is being withdrawn, as provided in clause 50 of the consent terms. Likewise, the plaintiffs have no claim against defendant nos.7 and 8. The parties, therefore, seek a decree in terms of the consent terms.

2.

Accordingly, I pass the following order :- (i) The consent terms signed by the parties and their Advocates are taken on record and marked as "X" for identification.

(ii) There will be a decree in terms of the consent terms. Undertakings in the consent terms are accepted. (iii) Suit is disposed in terms of the consent terms. Decree be drawn up accordingly. Refund of Court fees, if any as per rules.

(iv) All pending Motions and interlocutory proceedings shall also stand disposed.

(A.K. MENON, J.) 2/2