Nasir Jamal Shaikh And 3 ORS. v. Abu Asim Azmi And 14 ORS.

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL SUIT NO.447 OF 2019 Nasir Jamal Shaikh and others.

] Plaintiffs Vs.

Abu Asim Azmi and others.

] Defendants .....

Mr. Shyam Mehta, Senior Advocate a/w Mr. Akshay Patil a/w Ms. Prachi Dhanani i/b Veritas Legal, for Plaintiff.

Mr. Ramesh Soni a/w Mr. Chetan Yadav i/b R.V & Co, for Defendant No.1, 2 and 16.

Plaintiff No.1 - Nasir Jamal Shaikh - Present in person.

Plaintiff No.2 - Adnan Shaikh - Present in person.

Plaintiff No.3 - Zishan Shaikh - Present in person.

Plaintiff No.4 - Razia Jamal Shaikh - Present in person.

Defendant No.1 - Abu Asim Azmi, Defendant No.1 and authorized signatory of Defendant No.16- Shrimati Property Developers Pvt. Ltd.

Defendant No.2 - Zahida Abu Asim Azmi - Present in person.

.....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE :

9th NOVEMBER, 2020.

(Vacation Court) 1/3 Shailaja S.

Halkude Shailaja S. Halkude Date: 2020.11.09 16:36:27 +0530

P.C:

By consent of learned Counsel for the parties, defendants No.16 be impleaded as party defendant in the suit. Necessary amendment shall be carried out forthwith. Re-verification is dispensed with. 2.

Learned Counsel for the parties have tendered the consent terms during vacation. These consent terms are taken on record and marked 'X' for identification.

3.

Contesting parties namely the plaintiffs No.1 to 4 and defendants No.1 and 2 are present before the Court along with their respective Counsel.

4.

It is submitted that defendants No.3 to 15 need to be dropped from the array of the parties. The suit, therefore, stands dismissed qua defendants No.3 to 15.

5.

I have personally ascertained from the parties to the suit about the recitals of the consent terms which they admit to be true and correct. 2/3

6.

So far as defendant No.16 is concerned, it is submitted that it being a Private Limited Company, defendant No.1 has signed the consent terms on behalf of the Directors.

7.

In view of the amicable settlement of a commercial dispute between the parties, as per the recitals of the consent terms, the suit stands disposed of.

8.

A decree in terms of recitals of the consent terms be drawn accordingly.

9.

In the circumstances, the parties to bear their respective costs. 10.

All pending applications stand disposed of.

11.

this Court. All concerned shall act on production by fax or e-mail of a [PRITHVIRAJ K. CHAVAN, J.] 3/3