Bakulesh D. Sanghavi v. Hiralaxhmi D. Sanghavi And 3 ORS.

Sharayu.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2419 OF 2011 Bakulesh Dhirajlal Sanghavi ...Plaintiff

Versus

Hiralaxhmi Dhirajlal Sanghavi & Ors.

...Defendants Mr. Darshit Jain, a/w Jayesh Gawde i/b M/s Thakore Jariwala & Associates, for the Plaintiff.

Ms. Seema Hunnurkar, for the Defendant No. 1 Mr. Robin Jaisinghani, i/b Jecinta D'Silva, for the Defendants No. 2 & 4.

Defendant No. 3 present in person.

CORAM: G.S. PATEL, J DATED:

24th April 2015 PC:- 1.

Not on board. Mentioned. By consent taken on board. 2.

The Suit is settled. Consent Terms are drawn up. These are signed by the Advocates for the Plaintiff, Defendant No. 1 and Defendants No. 2 and 4. Defendant No. 3 appears in person. The Consent Terms are also signed by the Plaintiff, and Defendants

Nos. 2, 3 and 4. The 1st Defendant has signed in Gujarati after the Consent Terms were read over and explained to her in that language by her Advocates. The pages of the Consent Terms are also initialled.

3.

The Consent Terms are taken on record and marked "X" for identification. The undertakings in the Consent Terms are accepted as undertakings to the Court. There will be a Decree in terms of Consent Terms.

4.

For the record, it is noted that the Plaintiff and Defendants No. 1 to 4 are all personally present in Court and are duly identified by their respective Advocates.

5.

Consent Terms in Clause 1(ii) relates to a sum of Rs.3.5 payable by Defendants Nos. 2 and 4 to the Plaintiffs. There are two fixed deposit receipts in the amount of Rs. 3.5 Crores deposited under previous orders of the Court with the Prothonotary and Senior Master. These are to be returned to Defendants No. 2 and 4 expeditiously, with Registry acting on an authenticated copy of this order, so that Defendants No. 2 and 4 can make payment of the amount to Rs. 3.5 Crores to the Plaintiff.

6.

In addition, there are other amounts deposited by Defendants Nos. 2 and 4 and now lying to the credit of this suit and invested by Prothonotary and Senior Master. These amounts shall forthwith be refunded with all accrued interest to the Defendants No. 2 and 4, the refunds to correspond to the deposits made by those Defendants.

7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.)