Faranaz Kawami @ Farah Kawami v. Shaikh Zafar Raes Alam And 5 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARTY ORIGINAL CIVIL JURISDICTION SUIT NO.275 of 2020 Faranaz Kawami alias Farah Kawami ) An adult, citizen of Hong Kong ) Having her residence at ) Coastal Skyline, Block 3, Flat 12D, ) Tungchung Nt, HongKong SAR ) Also having her residence at ) Flat No.402, 4th Floor, Diago-D ) Next to Rizvi College ) Shirley Rajan Road, Off Carter Road ) Mumbai-400050 ) Plaintiffs

VERSUS

1.

Shaikh Zafar Raes Alam ) An adult Indian Inhabitant residing at ) Room No.9/10, 2nd Floor, Hamza Building ) 6th Khumbharwada Kharwa ) Cross Lane, Mumbai-400004 ) 2.

Munveruddin Agakevami ) An adult Indian Inhabitant residing at ) 4th Floor, Diago-D, Next to Rizvi College, ) Shirley Rajan Road,Bandra (West), )

Mumbai-400050 ) 3.

Sayed Allaudin Kawami ) An adult Indian Inhabitant residing at ) Flat No.402,4th Floor, Diago-D, ) Next to Rizvi College ) Shirley Rajan Road, Off Carter Road ) Mumbai-400050 ) 4.

Ms.Farzeen Shaikh ) An adult Indian Inhabitant residing at ) Flat No.1, Ground Floor, Stella Maris ) Building, Off Turner Road, Gurunanak ) Park, Bandra (West), Mumbai-400050 ) 5.

Mr.Husain Shah ) An adult Indian Inhabitant residing at ) Flat No.401,4th Floor, Diago-D, ) Next to Rizvi College ) Shirley Rajan Road, Off Carter Road ) Mumbai-400050 ) 6.

Narendra Lachchu Canser ) An adult Indian Inhabitant having his ) Address at Shop No.2, Shanti Niketan ) Building, 5/13, Vivekanand Co-Housing ) Society, T.H.Kataria Marg, ) Mumbai-400016 ) Defendants

Consent Terms between Plaintiff and Defendant Nos.2 1.

The Defendant No.2 has agreed and undertake to get the Suit Shop i.e. Shop No.8 vacated from Defendant No.1 and handover the same to the Plaintiff.

2.

Defendant No.2 also agrees to handover the possession of the Suit Shop to the Plaintiff on or before 30/09/2022. Defendant No.2 has taken responsibility to take possession from Defendant No.1 and hand it over to Plaintiff. 3.

Defendant No.2 agree and admit that he had also executed Consent Terms dated 03/08/2021 in Suit (L) No.200 of 2020 in respect of Residential Flat No.402. Under the said Consent Terms dated 03/08/2021 in Suit (L) No.200 of 2020, Plaintiff has agreed to give to this Defendant No.2 i.e. Munveruddin Agakevami sum of Rs.1,60,00,000/- on or before 30/10/2022 subject to sale of said Flat No.402, however the said payment of Rs.1,60,00,000/- will be paid by the Plaintiff to this Defendant No.1 subject to this Defendant handing over vacant and peaceful possession of Suit Shop No.8,

admeasuring 500 sq.ft., to the Plaintiff i.e. Faranaz Kawami alias Farah Kawami on or before 30th September 2022. 4.

Defendant No.2 agrees and admit that Plaintiff will alone have exclusive right to run the business from the Suit Shop and no other party will interfere with her possession or object to her carrying out the business/es.

5.

The Plaintiff will alone do the business from the Suit Shop and or let out the same to the 3rd party and will give the share of income to the other party in following ratio. The parties agree that the tenancy rights in the Suit Shop is also possessed by them in following ratio Sr.No.

Name Percentage i.

Farnaz Kavami alias Farah Kavami 15% ii.

Farzeen Shah (Shaikh) 12.5% iii.

Hussain Shah 12.5% (ii and iii both of them jointly owned 25% share) iv.

Sayed Allaudin Kawami 30%

v.

Munveruddin Agakevami 30% TOTAL 100%

6. Suit to stand decreed as per Consent Terms.

7. Parties to bear their own cost.

8. Refund of Court fees as per Rule.

Advocate for Plaintiff Plaintiff Advocate for Defendant No.2 Defendant No.2

IN THE HIGH COURT OF JUDICATURE AT

BOMBAY ORDINARTY ORIGINAL CIVIL JURISDICTION SUIT NO.275 of 2020 Faranaz Kawami alias Farah Kawami Plaintiffs

VERSUS

Shaikh Zafar Raes Alam & Ors Defendants CONSENT TERMS Dated This day of