Kabir Kishin Thakur v. Jasani Relty Private Limited And 3 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.244 OF 2018 IN SUIT NO.70 OF 2018 Kabir Kishin Thakur )....Applicant/Plaintiff V/s.

Jasani Realty Pvt. Ltd. & Ors.

)....Defendants ---- Mr.Amey Patil a/w Ms.Alisha Ningoo I/by M.M.Legal Associates for plaintiff/applicant.

[Mr.Kabir Kishin Thakur-plaintiff in person present]. Mr.Nirav Barot I/by Maneksha and Sethna for defendant nos.1 to 3. [Mr.Uday Jasani-director of defendant no.1 present in Court]. ---- CORAM : K.R.SHRIRAM,J DATE : 10.7.2019 P.C.:- 1.

Parties have worked out the matter and tender consent minutes of the order dated 10.7.2019. The consent minutes of order has been signed by Uday Jasani as director of defendant no.1, Hansa Jasani as director of defendant no.1, plaintiff and their respective advocates.

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Counsel for defendant nos.1 & 3 states that Hansa Jasani has signed in his presence and he identifies her signature. The 1st page of the minutes of order has not been initialed by Hansa Jasani but has been initialed by plaintiff and Uday Jasani. Plaintiff and Uday Jasani are present in Court and are identified by their Advocates. 3.

All statements accepted as undertakings to this Court. The undertaking of Uday Jasani for himself as director of defendant no.1 and for defendant no.1 that the undertaking given in the minutes of the order and statements made by defendant no.1 in the minutes of the order will be honoured and fulfilled, is accepted. 4.

Suit stands disposed in terms of the minutes of the order. No order as to costs. Refund of court fees, if any in accordance with Rules. Liberty to apply.

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

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For ease of reference, consent minutes of the order is scanned and reproduced herein below :-

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In the event of default by defendant no.1, apart from the other remedies available to plaintiff, plaintiff shall also execute these minutes as decree against defendant no.1 in which case, drawn up decree will stand dispensed with and all will act on authenticated copy of this order.

(K.R.SHRIRAM,J)