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Bombay High CourtCOMS/95/2017disposed off

M/S. Shah Steel Corporation v. M/S. Nyka Steel Pvt. Limited And 3 ORS.

2017-03-22Hon'Ble Shri Justice S.J. Kathawalla2 pages

coms 95 of 2017 (911).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION SUIT NO.95 OF 2017 M/s. Shah Steel Corporation ...

Plaintiff versus M/s. Nyka Steel Pvt. Ltd. and Ors.

...

Defendants Mr. Kharawala i/by M/s. Lex Juris, for Plaintiff. Appearance not given by the Advocate for the Defendants. CORAM: S.J. KATHAWALLA, J.

DATE: 22 th MARCH, 2017 P.C.:

1.

The learned Advocate for the Plaintiff states that he is not pressing the Suit against Defendant Nos.2 to 4. In view thereof, the Suit against Defendant Nos.2 to 4 is dismissed as not pressed.

2.

The learned Advocate for Defendant No.1 undertakes to file Vakalatnama on or before 23-03-2017. The undertaking is accepted. The Defendant No.1 waives service of Writ of Summons.

3.

The learned Advocates for the Plaintiff and Defendant No.1 have now tendered Consent Terms dated 22-03-2017. 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 Partner of the Plaintiff, the Director of Defendant ssp 1/2

coms 95 of 2017 (911).sxw No.1 and the learned Advocates for the parties. The undertakings recorded in the Consent Terms are accepted. The Suit is disposed of in terms of the Consent Terms, marked 'X' between Plaintiff and Defendant No.1. Refund of Court Fees, if any, as per rules.

( S.J.KATHAWALLA, J. ) ssp 2/2