Prabha Narayan Kabbur And 3 ORS. v. Ramesh Narayanrao Siddhanti And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1553 OF 2015 IN SUIT NO.2270 OF 2008 WITH CHAMBER SUMMONS NO.1786 OF 2016 Prabha Narayan Kabbur & Ors.

....Plaintiffs V/s.

Ramesh Narayanrao Siddhanti & Ors.

....Defendants ---- Mr.Manish Doshi i/by M/s.Vimadalal & Co. for plaintiffs. Mr.G.S.Hegde a/w Mr.C.M.Lokesh i/by G.S.Hegde for defendant nos.1, 2(B), 2(C), 2(C-b) & 3.

Ms.U.K.Shah i/by K.D.Shah for the defendant no.4. Mr.Kaushik Kothari for defendant nos.6 to 9.

Mr.M.R.Mandawgade-OSD in the office of Court Receiver present. Mr.Ramesh N.Sidhanti-defendant no.1 and director of defendant no.3, Ms.Usha V.Nargundkar-defendantno.2(B), Mr.Anant A.MutalikDesai-defendant no.2 C(A) ; Mr.Girish Mutalik-Desai-defendant no.2C(B), Mr.Vidul S.Sidhanti-defendant no.6, Ms.Nayana M.Nerlidefendant no.7, Ms.Anit @ Amruta R.Sangoram-defendant no.8,Ms.Smita S.Sidhanti-defendant no.9 are present in court. ---- CORAM : K.R.SHRIRAM,J DATE : 30.1.2017 P.C.:- All the four plaintiffs and defendant nos.5A, 5B & 5C and defendant no.1, 2, 2A, & 2C along with defendant no.3 had entered into consent terms dated 4.2.2013 whereby the said parties agreed to divide and distribute certain assets and properties as set out therein.

Defendant nos.6 to 9 were later added. Thereafter, defendant nos.2 & 2A & defendant nos.6 to 9 had entered into consent terms dated 5.5.2015. Defendant nos.1, 2B, 2C(A), 2C(B) & defendant nos.6 to 9 have entered into further consent terms dated 30.1.2017. The said consent terms signed by defendant nos.1, 2B, 2C(A), 2C(B), 6, 7, 8 & 9 and their respective advocates is taken on record and marked `X' for identification.

Mr.Manish Doshi for the plaintiffs seeks leave to withdraw the suit as against defendant no.3, in view of the three consent terms filed. Suit dismissed as withdrawn as against defendant no.3. All undertakings given in the consent terms are accepted and so ordered. Order in terms of the consent terms dated 30.1.2017. Suit except as against defendant no.4, disposed. Mr.Hegde and Mr.Kothari state that their respective clients are present in court and also identify each one of them In view of the above, Notice of Motion No.1553 of 2015 and Chamber summons No.1786 of 2016 stand disposed. Since defendant no.4 is not a party to any of these consent terms and has filed independent suit against some of the

parties to the consent terms, this suit is kept pending as against defendant no.4.

All parties including Court Receiver to act on a copy of this order duly authenticated by the Associate of this court. (K.R.SHRIRAM,J)