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Bombay High CourtNMCD/1/2017disposed off

Victor Rodricks And ANR v. Paramount Constructions And 3 Others

2016-12-27Hon'Ble Shri Justice S.J. Kathawalla2 pages

comsl 306 of 2016 (911).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMM. SUIT (L) NO.306 OF 2016 WITH NOTICE OF MOTION (L) NO.249 OF 2016 Victor Rodricks and Anr.

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Plaintiffs versus Paramount Constructions and Ors.

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Defendants Mr. Vijay B. Dhingreja, for Plaintiffs.

Mr. Zohaib Z. Shaikh, Defendant No.2 and Partner of Defendant No.1 present. Mr. Ziyauddin I. Shaikh, Defendant No.3A present. Mr. Shoaib Ahmed Ziyauddin Shaikh, Defendant No.3B present. Mr. P.R.Punjabi, Chairman of Defendant No.4 Society present. CORAM: S.J. KATHAWALLA, J.

DATE: 27th DECEMBER, 2016 ( In Chambers) P.C.:

1.

Mr. Ziyauddin Ibrahim Shaikh and Mr. Shoaib Ahmed Ziyauddin Shaikh are allowed to be joined as party Defendant Nos.3A and 3B to the above Suit . Necessary amendments shall be carried out in the course of the day. 2.

The learned Advocate for the Plaintiffs and the Defendant Nos.1, 2, 3A, 3B and 4 have tendered Consent Terms dated 23rd December, 2016. They submit that the Consent Terms be taken on record and the above Suit be disposed of in terms of the Consent Terms. The Consent Terms are taken on record and marked 'X' for identification. The Consent Terms are signed by the Plaintiff Nos.1 and 2, Defendant ssp 1/2

comsl 306 of 2016 (911).sxw No.2 for self and as Partner of Defendant No.1, Defendant No.3A, Defendant No.3B and the Secretary of Defendant No.4. The learned Advocate for the Plaintiffs have also signed the Consent Terms. All the signatories to the Consent Terms are present. The undertakings recorded in the Consent Terms are accepted. The above Suit is disposed of in terms of the Consent Terms, marked 'X'

. Refund of Court Fees, if any, as per rules. Notice of Motion (L) No.249 of 2016 also stands disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2