Shaila S. Pathak v. Oberoi Constructions Ltd. And 2 ORS.

sg 1/2 app308-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.308 OF 2014 WITH NOTICE OF MOTION NO.124 OF 2015 WITH NOTICE OF MOTION NO.864 OF 2014 IN NOTICE OF MOTION NO.668 OF 2012 WITH NOTICE OF MOTION NO.668 OF 2012 IN APPEAL NO.308 OF 2014 IN SUIT NO.641 OF 2012 Shaila S. Pathak ... Appellant (Orig. Plaintiff) Vs.

Oberoi Constructions Ltd. & Ors. Ors.

... Defendants ....

Shaila S. Pathak - Appellant in person.

Pratik Kothari, i/b. I.C. Legal, for Defendant No.1. Priyanka Bagal, i/b. Devan Dwarkadas & Partners, Defendant Nos. 4 and 5.

....

CORAM : S.C. GUPTE, & A.K. MENON, JJ.

(VACATION COURT) DATED : 11 MAY 2015 P.C. :

.

The suit has already been disposed of in terms of the Consent Terms dated 7 May 2015 as against Defendant Nos. 1 and 6. As

sg 2/2 app308-14.doc against Defendant Nos.2 to 5, the suit has been dismissed as withdrawn. The order in terms of the Consent Terms requires the parties to take steps in the present appeal for setting aside the order dated 4 June 2014 passed in Notice of Motion No.668 of 2012.

2.

Accordingly, learned Counsel for the Plaintiff and Defendant No.1 and also Defendant No.6, who appears in person, apply for vacating the order dated 4 June 2014 by consent. The order passed on 4 June 2014 in Notice of Motion No.668 of 2012 is accordingly vacated. So also, by consent of parties, it is confirmed that the interim order dated 20 June 2014 passed in Appeal No. 227 of 2012 and order dated 23 July 2014 in Appeal No.308 of 2014 stand vacated by consent of parties. The Appeal is accordingly disposed of. 3.

In view of the disposal of the Appeal, the Notices of Motion do not survive and are disposed of.

(A.K. MENON, J.) ( S.C. GUPTE, J. )