Atul Ganatra And ANR. v. Real Gem Buildtech Pvt. Ltd. And 2 ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION SUIT NO.105 OF 2018 WITH NOTICE OF MOTION (L) NO.439 OF 2017 Atul Ganatra and Anr.
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Plaintiffs versus Real Gem Buildtech Pvt. Ltd. And Ors.
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Defendants Mr. Cyrus Ardeshir with Ms. Akshita Palvia, Ms. Megha Neel i/by M/s. M. Mulla Associates, for Plaintiffs.
Dr. Birendra Saraf with Ms. Rujuta Patil, Ms. Niyathi Kalra i/by M/s. Negandhi Shah and Himayatullah, for Defendant No.1.
Ms.Deeksha Jani i/by M/s. Hariani and Co., for Defendant No.2. CORAM: S.J. KATHAWALLA, J.
DATE: 16 th FEBRUARY, 2018 ( In Chambers ) P.C.:
1.
The learned Advocates appearing for the parties have tendered Consent Terms dated 16 th February, 2018. 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 taken on record and marked 'X' for identification. The Consent Terms are signed by the Plaintiffs, Defendants and their respective Advocates. The Consent Terms marked 'X' for identification along with copies thereof, shall remain in a sealed cover in the custody of this Court.
2.
In the event of the joint request of the Advocate for the Defendant No.1 and 1/3
the Plaintiffs or upon the entire payment by the Defendant No.1 to the Plaintiffs, copies thereof, shall be handed over to the parties. 3.
If the parties require certified copy of the Consent Terms for any statutory purpose/s, they shall be at liberty to apply to the Court for the same. 4.
In the event of default, the Plaintiffs shall be entitled to make an application for removing the seal and making the Consent Terms available to the parties. 5.
In the event of default, the Plaintiffs shall be entitled to enforce the Consent Terms after giving the credit of any amount paid by the Defendant NO.1 to the Plaintiffs hereafter.
6.
The Plaintiffs and Defendants undertake to keep the Consent Terms confidential at all times whether before copies are made available to the parties or thereafter.
7. The Plaintiffs have not created and shall not create any encumbrance in respect of the Suit Flat other than the Reliance Home Finance Pvt. Ltd.
8. The Counsel identifies the signatures of the Plaintiff and the Defendants respectively. The undertakings recorded in the Consent Terms are accepted.
9. It is clarified that the Consent Terms which are taken on record shall not be cited as a precedent in view of the peculiar facts and circumstances of the case. 10.The Defendant No.3 is dropped as party Defendant from the Suit. 11.The Suit stand decreed in terms of the Consent Terms, marked 'X' . Refund of 2/3
Court fees, if any, as per rules. Notice of Motion (L) No.439 of 2017 also stands disposed of. Ad-interim/interim reliefs if any shall stand vacated. ( S.J.KATHAWALLA, J. ) 3/3