Amkhim Holdings Pvt. Ltd. And 2 ORS. v. Raju Naraiandas Punjabi And 2 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL SUIT NO. 1326 OF 2019 Amkhim Holdings Pvt. Ltd. & Ors.

...

Plaintiffs

Versus

Raju Naraindas Punjabi & Ors.

... Defendants WITH NOTICE OF MOTION NO. 19 OF 2020 IN COMMERCIAL SUIT NO. 1326 OF 2019 Mr. Manish P. Gitay a/w Mr. Yogendra M. Kanchan for the Plaintiffs. Mr. Mayur Shikhare for Defendant Nos.1 and 3. CORAM : R.I. CHAGLA, J.

DATED : 23rd MARCH, 2022 ORDER :

The Plaintiffs and Defendant Nos.1 and 3 are granted leave to amend the Consent Terms by adding a clause to the effect that in accordance with these Consent Terms, the Plaintiffs seek leave of this Court to withdraw the Commercial Suit No.1326 of 2019. The amendment shall be carried out forthwith.

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Parties have settled their disputes. Consent Terms dated 23.03.2022 have been tendered. Consent Terms are taken on record and marked '

X' for identification. These are signed by the Plaintiffs and their Advocates. The Consent Terms are also signed by Defendant Nos.1 and 3. Insofar as Defendant No.2 is concerned, the Company is currently before the NCLT in liquidation and the resolution professional has been appointed for Defendant No.2-Company. The learned Counsel appearing for the Plaintiffs has in terms of clause 4 of the Consent Terms sought leave to withdraw the Suit against Defendant No.2 unconditionally. Accordingly, the Suit is disposed of as withdrawn against Defendant No.2. The undertakings if any, in the Consent Terms are accepted as undertakings to the Court.

The Plaintiffs seek leave to withdraw the above Commercial Suit No.1326 of 2019 in accordance with these Consent Terms. The Commercial Suit No.1326 of 2019 is disposed of as withdrawn in accordance with these Consent Terms. In view of the disposal of the Suit, the Notice of Motion is also disposed of as having become infructuous. 2/3

A soft copy of the Consent Terms will be uploaded as the second order in the matter.

The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course. Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application.

of this order.

(R.I. CHAGLA, J.) by WAISHALI SUSHIL WAGHMARE Date:

2022.03.29 11:21:53 +0530 WAISHALI SUSHIL WAGHMARE 3/3