Burhanuddin Modi v. Haresh Hiranand Ahuja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 636 OF 2017 Burhanuddin Modi ...

Plaintiff vs.

Haresh Hiranand Ahuja & Anr.

...

Defendants Ms. Kalyani Wagle i/b T.N. Tripathi and Co. for the Plaintiff Mr. Minesh K. Shah for Defendant No. 1 Mr. Akash S. Acharya for Defendant No. 2 CORAM : A. K. MENON, J.

th DECEMBER, 2020.

DATED : 14 P.C. :

1.

Called for filing consent terms. Learned counsel for the plaintiff and the defendant state that they have arrived at a settlement in terms of the consent terms.

2.

The Consent terms are signed by parties and Advocates and marked "X" for identification. Since Court Receiver stands appointed it is stated that Receiver has taken only formal possession. Physical possession is yet to be taken. Defendant no. 2 who is present in Court is required to hand over physical possession to the Court Receiver. 1/2 11-S-636-2017.doc rrpillai

3.

I therefore pass the following order by consent of parties: (i) Defendant no. 2 will hand over possession to the Court Receiver on 16 th December, 2020 at 12.00 noon.

(ii) In view thereof suit is decreed in terms of the consent terms. (iii) Refund, if any, as per rules.

(iv) Notice of motion no. 26 of 2018 stands disposed. (v) Interim applications, if any, stand disposed. (A. K. MENON, J.) Digitally signed by Rajeshwari R. Pillai Date:

2020.12.15 13:55:59 +0530 Rajeshwari R. Pillai 2/2 11-S-636-2017.doc rrpillai