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Bombay High CourtS/609/2017consent term

Dan Kutir Co-Operative Housing Soc. Ltd. v. Niraj Kakad Constructions Pvt. Ltd. And 2 ORS

2021-02-17Hon'Ble Shri Justice A. K. Menon2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.609 OF 2017 WITH NOTICE OF NOTION NO.1958 OF 2017 Dan Kutir Co-operative Housing Society Ltd.

.. Plaintiff v/s.

Niraj Kakad Constructions Pvt. Ltd. & Ors.

.. Defendants Mr.Zain Mookhi i/b. Manoj Mishra for the plaintiff. Ms. Vidhi Karia & Ashish Jain i/b. Prerak C. for defendant nos.1 & 2. Mr. Dhaval Mehta i/b. D. M. Legal Associates for defendant nos.4 and 5. Mr. Sagar Patil for MCGM.

CORAM : A. K. MENON, J.

TH FEBRUARY, 2021.

DATED : 17 P.C. :

Called for filing consent terms.

1. The learned counsel for the plaintiff and defendant nos.1, 2, 4 and 5 state that the suit has been settled. They seek to file consent terms. On behalf of the plaintiffs Mr. Mookhi states that the plaintiff does not claim any relief against defendant no.3 corporation and seeks to withdraw the suit against the corporation.

Digitally signed by Sandhya Wadhwa Date:

2021.02.18 15:24:01 +0530 Sandhya Wadhwa 1/2 2.s-609-17.doc wadhwa

2. In view of the above, consent terms signed by the parties and their Advocates were duly identified by the signatories were taken on record and marked "X" for identification.

3. I therefore pass the following order;

(i) There will be a decree in terms of the consent terms. (ii) Suit is disposed in the above terms.

(iii) Refund, if any, as per rules.

(iv) All interim applications stand disposed. Interim orders stand vacated.

(A. K. MENON, J.) 2/2 2.s-609-17.doc wadhwa