Ultratech Cement Ltd v. M.S.Engineers And ANR

6.sj.29.2017.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL JURISDICTION SUMMONS FOR JUDGMENT NO. 29 OF 2017 IN COMMERCIAL SUIT NO. 398 OF 2016 WITH NOTICE OF MOTION NO. 190 OF 2017 IN SUMMONS FOR JUDGMENT NO. 29 OF 2017 IN COMMERCIAL SUIT NO. 398 OF 2016 Ultratech Cement Ltd.

...Applicant/Plaintiff vs M.S.Engineers & Anr.

...Defendants .....

Mr Utsav Salunkhe i/b Sahil Mahajan for the Plaintiff Mr Kamlesh Dayma i/b Bekay Legal for the Defendants. .....

CORAM : B.P.COLABAWALLA, J.

DECEMBER 05, 2017.

P.C. :

When this matter was called out, the parties have informed me that the disputes in the present matter have been settled and have tendered the consent terms dated 5th December, 2017. These consent terms have been signed by City Commercial Head of the Plaintiff as well as by one Mr Rajiv Pg 1 of 2

6.sj.29.2017.doc Ahuja, who is the proprietor of the M. S. Engineers. These consent terms have also been signed by their respective advocates. In these consent terms, the Defendants have agreed to pay to the Plaintiff a sum of Rs.66 Lacs in full and final settlement of their claim in installments as more particularly set out in paragraph 3 of the consent terms. The Defendants have also handed over postdated cheques, as set out in the consent terms, to the advocates for the Plaintiff today. The consent terms are taken on record and marked "X" for identification. There shall be a decree in terms of the consent terms. No order as to costs. The refund of court fees, if any, as per rules. The suit accordingly stands disposed of. In view of disposal of the suit, nothing survives in the Summons for Judgment as well as Notice of Motion No.190 of 2017 and the same are disposed of accordingly.

( B. P. COLABAWALLA, J. ) Pg 2 of 2