Shri Sai Baba A Deity Through Its Shebait And Manager And 6 ORS v. Hiranandani Construction Pvt Ltd And ANR

s 229 of 2017 (908).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.229 OF 2017 Hiranandani Constructions Pvt. Ltd.

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Plaintiff versus Ramesh H. Gurbaxani and Ors.

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Defendants WITH SUIT NO.531 OF 2017 WITH NOTICE OF MOTION NO.1887 OF 2017 Shri Sai Baba A Deity through its Shebait and Manager and Ors.

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Plaintiffs versus Hiranandani Construction Pvt. Ltd.

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Defendant Mr. Chetan Kapadia with Ms. Deepa Pohuja i/by M/s. J. Law Associates, for Plaintiff in Suit No.229 of 2017.

Mr. Kansara, for Defendant No.1 in Suit No.229 of 2017 and for Plaintiff in Suit No.531 of 2017.

Ms. Priyanka A. Raul, for Defendant No.5 in Suit No.531 of 2017. CORAM: S.J. KATHAWALLA, J.

DATE: 7 th MARCH, 2018 P.C.:

1.

In Suit No.229 of 2017, the learned Advocate for the Plaintiff and Defendant No.1 have tendered Consent Terms. They submit that the Consent Terms be taken on record and the Suit between Plaintiff and Defendant No.1 be disposed of in terms of the Consent Terms. The Consent Terms are taken on record and marked 'X' for identification. The Consent Terms are signed by the Plaintiff, Defendant No.1 ssp 1/2

s 229 of 2017 (908).sxw and their respective Advocates. The undertakings recorded in the Consent Terms are accepted. The Suit between the Plaintiff and Defendant No.1 is disposed of in terms of the Consent Terms, marked 'X'

. All contentions of Defendant Nos.2 to 4 are kept open.

2.

In view of the above order, Suit No.531 of 2017 filed by Defendant No.1 (Plaintiff therein) is disposed of as withdrawn. Notice of Motion No.1887 of 2017 also stands disposed of as withdrawn. Refund of Court fees, if any, as per rules. ( S.J.KATHAWALLA, J. ) ssp 2/2