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Bombay High CourtS/268/2018consent term

Priti P. Shah v. H. M. Holding And 3 ORS

2019-04-09Hon'Ble Shri Justice K.R. Shriram9 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION SUIT NO. 268 OF 2018 Priti P. Shah ...Plaintiff Vs.

M/s H.M. Holding and ors.

...Defendants --- Ms. Hiral Vora I/b Manjar Srivastava Associates for Plaintiff. Mr. Ravi Gandhi I/b. Kanga and Co. for Defendant Nos. 1, 2, 3, 4 and 6 Mr. Rohan Rajdhyaksha a/w Mr. Rajendra Barot, Ms. Pooja Kshirsagar and Ms. Neeraja Balakrishnan I/b AZB and Partners for Defendant Nos. 5 & 7. Mr. Rikhav Shah. Son of plaintiff present in court. Mr. Jaydev Mody Defendant No. 5 and partner of defendant no. 1, Mr. Harish Mehta - Defendant No. 2, Mr. Anuj Mehta - Defendant No. 3, Mr. Rohan Mehta - Defendant No. 4, Ms. Mayuri H. Mehta - Defendant No. 6 and Mr. Ashish Kapadia - Defendant no. 7 are present in court. --- CORAM : K.R.SHRIRAM, J.

DATE : 9th APRIL 2019 P.C.:

Parties have entered into consent terms dated 9th April, 2019. The consent terms signed by plaintiff, partner of defendant no. 1, defendant nos. 2 to 7 and their respective advocates is taken on record and marked 'X' for identification. Mr. Gandhi states that, defendants are present in court and identifies them. As far as plaintiff is concerned, Ms. Vora states that plaintiff is not present in Court but her son is present in court and identifies him. Ms. Vora states that plaintiff had signed the consent terms in her presence and identified the signature. At the same time, plaintiff has not signed at page Nos. 1 to 4 of the consent terms. Ms. Vora states that plaintiff will remain present in Court on 12th April, 2019 and will come and sign on all the pages. Statement accepted as an undertaking to this Court.

2/9 For ease of reference, a scanned copy of the consent terms is reproduced hereinbelow:

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8/9 Order in terms of the consent terms. All statements and undertakings accepted. Subject to signing of plaintiff on pages, the suit stand disposed. Suit accordingly stand disposed. No order as to costs. Refund, if any, of court fees in accordance with rules.

9/9 Ms. Vora states that, the demand draft that has been handed over to the advocate on record will not be handed over to plaintiff and will not be even encashed until plaintiff comes personally to this court and signed on all the pages. Statement accepted.

All interim applications and all interim orders stand vacated stand disposed.

All to act on authenticated copy of this order. (K.R. SHRIRAM, J.)