Bijendra Ramkailash Singh v. Skyline Business India And 6 ORS

by JITENDRA SHANKAR NIJASURE Date:

2023.05.06 16:08:04 +0530 JITENDRA SHANKAR NIJASURE jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 193 OF 2021 WITH INTERIM APPLICATION NO.3314 OF 2021 AND INTERIM APPLICATION NO.2200 OF 2021 Bijendra Ramkailash Singh ...Plaintiff

Versus

Skyline Business India & Ors.

...Defendants ---------- M.B. Jadhav, i/b Zaid S Ansari & Associates for the Plaintiff. Pankaj Pandey for Defendant Nos.1 to 3.

Sachin Pawar, for Defendant No.8.

---------- CORAM :R.I. CHAGLA J DATE :4 MAY 2023 ORDER :

1.

The learned Counsel appearing for the Plaintiff has tendered draft amendment for adding Defendant No.8 as party Defendant in Suit No.193 of 2021. The said draft amendment is taken on record and marked 'X' for identification. The Plaintiff shall carry out amendment in terms of draft amendment marked ' X'

.

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Amendment shall be carried out forthwith. Re-verification is dispensed with.

2.

The Plaintiff and Defendant Nos.1 to 3 have settled their disputes. The Consent Terms bearing today's date is tendered and taken on record and marked 'X1' for identification. The Consent Terms have been signed by the Plaintiff and Advocate for the Plaintiff as well as by Defendant Nos.1, 2, 3 and 8 and Advocates for these Defendants.

3.

I am satisfied that the Consent Terms are in order, not contrary to law and have been drawn by the parties of their own volition in reflection of their true intentions. 4.

The undertakings, if any, in the Consent Terms being accepted as undertakings to the Court.

5.

In Clause 11 of the Consent Terms, the parties hae agreed for withdrawal of the Suit against Defendant Nos.4 to 7. Accordingly, the Suit stands disposed of as withdrawn against Defendant Nos.4 to 7.

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6.

The Suit is disposed of and decreed in accordance with the Consent Terms.

7.

The Interim Applications, if any, do not survive and are accordingly disposed of as infructuous.

8.

Drawn up decree/ order is dispensed with unless the parties seek drawn up decree/ order, in which case they are entitled to apply.

9.

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

10.

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. 11.

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 3/4

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. [R.I. CHAGLA J.] 4/4