Mark D Souza v. M/S Excel Exim Services India Pvt. Ltd. And 6 Others

1/7

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION SUIT NO.15 OF 2017 Mark D'souza ..Plaintiff Vs.

M/s Excel Exim Service India Pvt Ltd. & Ors ..Defendants Mr. J. M. D'silava for Plaintiff Mr. Mark D'Souza plaintiff present Mr. Jaideep Mitra I/b Mr. Biran D'lima for Defendants Mr. Luis D' Souza Defendant No.2, Director of Defendant No.1 and Constituted Attorney of Defendant No.4; Ms Janet D'souza for Defendant No.3, Ms Rathik D'silva for Defendant No.6 and Director of Defendant No.5, Mr. Lynette D'souza for Defendant No.7 and Ms Thelma D'souza Defendant No.8 are present in court CORAM : K.R.SHRIRAM, J.

DATE : 20th MARCH, 2019 P.C.:

At the outset, Mr. D'isilva tendered draft amendment to plaint, which is also been signed by Mr. D'lima. Draft amendment is taken on record and marked "X" for identification. Leave granted. Amendment to be carried out during the course of today. Re-verification dispensed with.

2/7 For ease of reference, a scanned copy of draft amendment is reproduced hereinbelow :

3/7 Parties have entered into consent terms dated 20th March 2019. The consent terms signed by plaintiff, defendants and their respective advocates, is taken on record and marked as "X-1" for identification. For ease of reference a scanned copy of the consent terms is reproduced hereinbelow:

4/7

5/7

6/7

7/7 Mr. D'lima states that he has spoken to Mr. Anoshak Davar, an Advocate practicing in this court, who was appointed as mediator, who has agreed to what is stated in paragraph 4 of the consent terms. Order in terms of consent terms.

All statements are accepted as an undertaking to this court. Suit accordingly stand decreed. Drawn up decree dispensed with.

Refund of court fees as per rules.

Suit as well as notice of motion stand disposed with no order as to costs.

All interim orders stand vacated.

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