Yamini Dilip Dalal And 2 ORS. v. Kirti Sohan Modi And 4 ORS.

Sharayu

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1538 OF 2011 WITH NOTICE OF MOTION NO. 2022 OF 2011 WITH CHAMBER SUMMONS NO. 821 OF 2012 WITH NOTICE OF MOTION NO. 724 OF 2014 Smt. Yamini Dilip Dalal & Ors.

...Plaintiffs

Versus

Smt. Kirti Sohan Modi & Ors.

...Defendants Mr. M. Behl, i/b M/s. Sonal Doshi & Co., for the Plaintiffs. Mr. M.B. Singh, i/b M/s. MBS & Co., for the Defendants No. 1 and 2.

Ms. Pooja Jalan, for Defendant No. 3.

CORAM: G.S. PATEL, J DATED:

6th February 2015 PC:- 1.

The Suit has been settled. Consent Terms are tendered. These are signed by the Plaintiff No. 1 for herself, Plaintiff No. 2 and, again, Plaintiff No. 1 as the Constituted Attorney of Plaintiff

No. 3. The Power of Attorney in favour of Plaintiff No. 3 is annexed to the Consent Terms. I have, by an order passed yesterday, noted that this Power of Attorney is sufficient to enable the 1st Plaintiff to sign and prosecute these Consent Terms on behalf of the 3rd Plaintiff. Defendants No. 1 and 2 have also signed the Consent Terms. Advocates for both sides have also signed Consent Terms. 2.

Consent Terms are taken on record and marked "X" for identification. The undertakings in the Consent Terms are accepted to undertakings to the Court.

3.

The Suit is disposed of in accordance with the Consent Terms. Refund of Court fees, if any, in accordance with the rules. All concerned to act on an authenticated copy of this order. 4.

Mr. Singh tenders the Pay Order for Rs. 20,00,000 (Rupees Twenty Lacs only) as required by Clause 5(i) of the Consent Terms to the Advocate for the Plaintiffs. The Pay Order is accepted by the Learned Advocate for the Plaintiffs.

5.

In view of the disposal of the Suit, all original documents filed by both sides shall be returned to the respective Advocates upon these being substituted with photocopies authenticated by the Advocates for the parties concerned.

6.

As noted in Clause 25 of the Consent Terms, all interim and ad-interim orders and all pending injunctions stand vacated forthwith. In view of this order, all pending Notices of Motion,

Chamber Summonses and other interlocutory proceedings stand disposed of as well.

(G. S. PATEL, J.)