M/S. Unique Constructions And ORS. v. Panoramic Universal Limited

nms 2266 of 2015 (943).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2266 OF 2015 IN SUIT NO.145 OF 2014 M/s. Unique Constructions and Ors.

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Plaintiffs versus Panoramic Universal Ltd.

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Defendant Mr. Arif Bookwala, Senior Advocate with Ms. Castilino i/by Mr. S.M.Kazi, for Plaintiffs.

Mr. Vaibhav Sudgare i/by Mr. Ravi Kadam, for Defendant/Applicant. Mr. Tejas P. Kasar, Manager (Legal) of Defendant, present. CORAM: S.J. KATHAWALLA, J.

DATE: 10th OCTOBER, 2016 P.C.:

1.

Heard the learned Advocates for the parties and by consent, the following order is passed :

(i) The Decree passed by this Court dated 20 th October, 2015 is set aside.

(ii)Mr. Tejas P. Kasar, Manager (Legal) of Defendant Company on instructions, states that the Company shall use the suit flats for residential purpose and the Company shall not insist that the Plaintiffs should convert the user of the suit flats into commercial.

(iii)Mr. Kasar, on instructions, undertakes that from the date of the Defendant Company having taken possession of the three flats i.e. 28th April, 2007, the Company shall pay all the amounts due and payable to the Society or to the ssp 1/2

nms 2266 of 2015 (943).sxw Municipal Corporation and shall not claim any amounts from the Plaintiffs. (iv)The parties agree that in view of the undertakings given by Mr. Kasar on behalf of Defendant Company and recorded herein, none of the documents executed between the parties prior to this order, shall be valid and/or attempted to be enforced by the parties.

(v) The parties further agree that save and except what is agreed herein, the parties shall have no claim of whatsoever nature against each other qua the suit premises / Unit Nos.101, 102, 103 and the parking space. (vi)The statements/undertakings recorded herein are accepted. (vi)The Notice of Motion is accordingly disposed of. The Suit as well as Judge's Order No.153 of 2016 also stand disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2