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Bombay High CourtS/625/2014disposed off

Atul Tansukhlal Kaji v. Sunetra Arvind Wagle And 3 Others

2015-02-17Hon'Ble Shri Justice S.J. Kathawalla2 pages

Nitin 1 / 2 901-S-625-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.625 OF 2014 Atul T. Kaji ...

Plaintiff

Versus

Sunetra Arvind Wagle and Ors.

...

Defendants ALONG WITH ARBITRATION PETITION NO.24 OF 2013 AND CHAMBER SUMMONS NO.56 OF 2013 Mr.A.Kumbhakoni, Sr.Adv. i/b. Mr. Sherdul Singh, Ms. Neha Bhide, Mr. Peter Lobo for the Plaintiff.

Ms.Meena Shah for Defendant Nos. 1 to 3.

Mr. Prashant Karande for Defendant No.4.

CORAM : S.J. KATHAWALLA, J.

DATED : 17 TH FEBRUARY, 2015 P.C.

1.

The learned Advocate appearing for the Plaintiff - Mr. Atul T. Kaji and Defendant No. 4 - M/s. Shree Chamunda Realtors have tendered Consent Terms dated 17th February, 2015. They submit that the Consent Terms be taken on record and the above Suit be disposed of in terms of the Consent Terms. The Consent Terms are signed by the Plaintiff, partners of Defendant No. 4 and their Advocates. The Consent Terms are taken on record and marked 'X' for identification. The undertakings recorded in the Consent Terms are accepted.

Nitin 2 / 2 901-S-625-2014 2.

Defendant No. 3 - Ms. Vinita Suresh Prabhu has by Deed of Release dated 17th October, 2011 (Exhibit-I to the Plaint) released her share in the Suit property in favour of Defendant No. 2. The learned Advocate appearing for Defendant Nos. 1 and 2 has tendered a Declaration dated 13th February, 2015 executed by Defendant Nos. 1 and

2. The said Declaration is taken on record and marked 'X-1' for identification. The above Suit is disposed of in terms of the Consent Terms marked 'X' and the Declaration marked 'X-1'.

The above Arbitration Petition as well as Chamber Summons also stand disposed of.

(S.J. KATHAWALLA, J.)