Jairaj Sonawala v. Hbs Group Co. And 2 ORS

Digitally signed by GANESH SUBHASH LOKHANDE Date:

2022.12.22 14:34:41 +0530 GANESH SUBHASH LOKHANDE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION COMMERCIAL SUMMARY SUIT NO. 64 OF 2021 Jairaj Sonawala .. Applicant/Plaintiff Vs.

HBS Group Co. and Ors.

.. Defendants ------------ Mutahhar Khan a/w. Arif Lampwala & Chirag Sancheti i/b. Anand Gandhi, Advocates for the Plaintiff.

Rohan Sawant a/w. Priyank Daga i/b. Jayakar & Partners for the Defendants. ------------ CORAM:- ARIF S. DOCTOR, ,J.

th DECEMBER, 2022.

DATE :- 19 P. C.:

1.

The present Suit has been filed for recovery of a sum of Rs.1 Crore plus a sum of Rs.39,96,000/- with interest @ 12% p.a. from 1 st January, 2018 till 30 th April, 2021 which totals to an amounts of Rs.1,39,96,000/- from the Defendants as more particularly set out in the particulars of claim has annexed to the Plaint. Ganesh Lokhande page 1 of 9

2.

Today, the parties have tendered Consent Terms dated 19 th December, 2022. The Consent Terms have been signed by Mr. Jairaj Sonawala (Plaintiff). The Consent Terms have also been signed by one Mr. Karan Tolia on behalf of Defendant No.1, Mr. Bipin Shah (Defendant No.2) and Mr. Sandeep Shah (Defendant No.3). The authorities of the respective Defendants have also been annexed to the Consent Terms. The Plaintiff and Defendant No.1 are present in Court today and are identified by their respective advocates. The respective advocates have also signed the Consent Terms. The Consent Terms put an end to all the disputes and differences and claims as stated in Commercial Summary Suit No. 64 of 2021. The Consent Terms are taken on record and marked Exhibit "X" and are scanned and reproduced as under:- Ganesh Lokhande page 2 of 9

Ganesh Lokhande page 3 of 9

Ganesh Lokhande page 4 of 9

Ganesh Lokhande page 5 of 9

Ganesh Lokhande page 6 of 9

Ganesh Lokhande page 7 of 9

Ganesh Lokhande page 8 of 9

The undertakings given in the Consent Terms in paragraphs 1, 4 and 5 are accepted as undertakings given to the Court.

3.

The learned counsel appearing on behalf of the Plaintiff confirms that he has received four cheques as stated, more particularly in paragraph 2 of the Consent Terms.

4.

The above Suit is thus disposed of in terms of the Consent Terms. 5.

The Refund of Court Fees, if any, as per rules. (ARIF S. DOCTOR, J) Ganesh Lokhande page 9 of 9