Bombay High CourtS/1043/2015disposed off

M/S. Shail Enterprises v. Pravesh Co-Op.Hsg. Soc.Ltd. And 2 ORS.

2015-12-28Hon'Ble Shri Justice S.J. Kathawalla2 pages

Nitin 1 / 2 904-S-1043-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1043 OF 2015 M/s. Shail Enterprises ...

Plaintiff

Versus

Pravesh CHSL and Ors.

...

Defendants ALONG WITH NOTICE OF MOTION NO. 2027 FO 2015 IN SUIT NO. 1043 OF 2015 Ms. N.S. Pawar for the Plaintiff.

Mr. D.B.R. Dadhich for Defendant No. 1 Mr. Vasim Siddiqui i/b. Kunal Bhange for Defendant No. 3. Mr. Jawahar L. Desai, Partner of the Plaintiff, present in person. Ms. Jyotsna Shah, Committee Member of Defendant No. 1 - Society, present in person.

Ms. Nirmala Gedia, Defendant No. 2 present in person. Ms. Priti Sangoi, CA of Defendant No. 3, present in person. CORAM : S.J. KATHAWALLA, J.

DATED : 28 TH DECEMBER, 2015 (IN CHAMBER) P.C.

The learned Advocate appearing for the Plaintiff, Defendant Nos. 1 and 2 have tendered Consent Terms dated 28 th December, 2015. They submit that the Consent Terms be taken on record and the Suit as well as Notice of Motion be disposed against Defendants in terms of the Consent Terms. The Consent Terms are taken on record and marked 'X' for identification. The Consent Terms are singed by the Partner of the Plaintiff, Ms. Jyotsna Shah, Committee Member of the Defendant No. 1 - Society and the Defendant No. 2. The Interpreter from the office

Nitin 2 / 2 904-S-1043-2015 of the Chief Translator, Bombay High Court has interpreted and explained the contents of the Consent Terms in Gujarati to Defendant No. 2, who is present in Court. Defendant No. 2 has also informed the Court that she has understood the contents of the Consent Terms and she has signed the said Terms of her own free will and volition and there is no force or coercion involved. The Suit as well as Notice of Motion are accordingly disposed of in terms of the Consent Terms qua Defendant No.2. However, the Chairman and Secretary of Defendant No. 1 - Society shall remain present before this Court on 4 th January, 2016 at 11.00 a.m. and also sign the Consent Terms on behalf of the Defendant No. 1 Society. ( S.J.KATHAWALLA, J. )