Rajesh Gopal Chawan And 3 ORS v. Aristo Reality Developers Ltd. And ORS

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 63 OF 2016 WITH NOTICE OF MOTION NO. 1793 OF 2017 Rajesh Gopal Chawan & Ors ...Plaintiffs

Versus

Aristo Realty Developers Ltd & Ors ...Defendants Mr Girish Utangale, for the Plaintiffs.

Mr Parag Parulekar, for Defendant No. 1.

Mr MP Wamorkar,with Rajesh Maravoor, i/b Maravoor Wamorkar & Co, for Defendant No. 2.

Ms Shalini Sawant, Defendant No. 2, present online. Mr Manesh Cherian, for Defendant No. 8.

CORAM: G.S. PATEL, J (Through Video Conferencing) DATED: 16th July 2021 PC:- 1.

Heard through video conferencing.

2.

The parties have settled their disputes. Consent Terms are tendered. These are taken on record and marked "X" for identification with today's date. These are signed by the parties. I am satisfied that the Consent Terms are in order, not contrary to law

and have been drawn by the parties of their own volition in reflection of their true intentions.

3.

The undertakings, if any, in the Consent Terms being accepted as undertakings to the Court.

4.

The Suit is disposed of in accordance with the Consent Terms.

5.

In view of this, nothing survives in the Interim Application and it is disposed of accordingly.

6.

Drawn up order/decree dispensed with.

7.

A soft copy of the Consent Terms will be uploaded as the second order in the matter.

8.

The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course. 9.

Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application.

10. In view of this, the Notice of Motion is infructuous and it is disposed of.

11. All concerned will act on production of an ordinary copy of this order.

(G. S. PATEL, J)