Amar Associates v. Raju M. Bhuta And ANR.

Nitin 1 / 2 910-NMS-10-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 10 OF 2015 IN SUIT NO. 912 OF 2014 Amar Associates ...

Applicant / Plaintiff

Versus

Raju M. Bhuta & Anr.

...

Defendants ALONG WITH CHAMBER SUMMONS NO. 1208 OF 2014 IN SUIT NO. 912 OF 2014 Mr. Chirag Balsara a/w. Mr. Nishant Sasidharan, Mr. Kalpesh Mehta, Mr. Vasim Shaikh i/b. Pravin Mehta and Mithi and Company for the Plaintiff. Dr.Birendra Saraf a/w. Mr. A. Siralkar i/b. Rajesh Talekar for Defendant No. 1. Mr. Farhan Dubash a/w. Ms. Swapna Rooavate, Mr. Bineet Salian i/b. Tushar Goradia for Defendant No. 2.

Mr. Harshad Bhavsar - Developer (Plaintiff) present in person. Mr. Raju Bhuta - Defendant No. 1 a/w. Mr. Krunal Bhuta present in person. CORAM : S.J. KATHAWALLA, J.

DATED : 4 TH DECEMBER, 2015 P.C.

Heard the learned Advocates appearing for the parties and the following order is passed by consent :

(i) Applicant / Plaintiff undertakes to pay an amount of Rs.81 Lacs to the Defendant No.1 within a period of eight weeks from today. The undertaking is accepted.

(ii) The Defendant undertakes that upon receipt of the said

Nitin 2 / 2 910-NMS-10-2015 amount of Rs.81 Lacs, he shall simultaneously handover possession of his garage admeasuring 155 square feet to the Plaintiff and shall thereafter, have no right of whatsoever nature in the said garage. The undertaking is accepted. (iii) Upon the Plaintiff paying an amount of Rs.81 Lacs to the Defendant No. 1 and the Defendant No. 1 handing over the garage to the Plaintiff, the parties shall have no claim against each other. 3.

The Suit, Notice of Motion as well as Chamber Summons are accordingly disposed of.

4.

Refund of Court Fees if any as per Rules.

( S.J.KATHAWALLA, J. )