Darshan Group And ANR v. Shri Bhairavnath Co-Op. Housing Society Ltd. And 3 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL SUIT NO.1418 OF 2018 WITH COMMERCIAL NOTICE OF MOTION NO.2427 OF 2018 IN COMMERCIAL SUIT NO.1418 OF 2018 Darshan Group and Anr.

....Applicants/Plaintiffs Vs.

Shri Bhairavnath CHSL and Ors.

....Defendants ---- Mr. Omkar Mohan Kulkarni for applicants/plaintiffs. Mr. Rajendra Jain, partner of plaintiffs present. Mr. Mrityunjay B. Barai for defendant no.1.

Mr. Ganesh S. Bhat for defendant no.2.

Mr. Mukesh Gupta for defendant no.5.

Mr. Damji M. Mangrolia, Secretary and Mr. Vithal B. Gavas, Chairman of defendant no.1 present.

Mr. Suresh N. Shetty, Director of defendant no.2 present. Mr. Ravi Ranchandani, Partner of defendant no.5 present. ---- CORAM : K.R.SHRIRAM, J.

DATE : 22nd JANUARY 2019 P.C.:

By consent, chamber summons (lodging) no.1804 of 2018 is allowed and accordingly disposed in terms of prayer clause - (a). Amendment to be carried out forthwith.

Plaintiffs seek leave to withdraw the suit as against defendant no.3 and defendant no.4.

Suit dismissed as withdrawn as against defendant no.3 and defendant no.4.

As regards plaintiffs and other defendants, viz., defendant nos.1, 2 and newly added defendant no.5, parties have entered into consent

2/7 terms dated 22nd January 2019. The consent terms signed by the partner of plaintiff, chairman and secretary of defendant no.1, director of defendant no.2, partner of defendant no.5 and their respective advocates is taken on record and marked "X" for identification.

Chairman of defendant no.1 states that though he has signed the consent terms in Marathi language, he understands English and he has read the consent terms as well. The counsel state that each of the signatory to the consent terms is present in Court and identify them. Order in terms of the consent terms. All statements and undertakings given in the consent terms are accepted. For ease of reference, a scanned copy of the consent terms is reproduced hereinbelow :

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7/7 Suit accordingly stands disposed. Refund, if any, of court fees in accordance with rules. Consequently, all interim applications stand disposed and all interim orders also stand vacated.

(K.R. SHRIRAM, J.)