Svc Co Operative Bank Limited v. Manek Nagar Abc Co Operative Housing Society Ltd.

Digitally signed by MEERA MAHESH JADHAV Date:

2025.04.16 16:38:53 +0530 1/2 9-s-60-25.doc MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 60 OF 2025 SVC Co-op Bank Ltd.

...Plaintiff

Versus

Manek Nagar ABC Co-op Hsg Sty Ltd.

...Defendant WITH INTERIM APPLICATION (L) NO.11556 OF 2024 ---- Mr. Nirav Shah a/w Mr. Anuj Jaiswal i/b Little & Co. for Plaintiff. Mr. Dharmesh Jain for Defendant No.1.

Mr. Shanmukh Puranik i/b Ms Pranjali Bhandari for Defendant No.2. ---- CORAM : ARIF S. DOCTOR, J.

th APRIL 2025 DATED : 15 P.C. :

The consent terms are entered into between the plaintiff and defendant no.2 qua defendant no.1 is being withdrawn and is accordingly thus dismissed as withdrawn.

Learned counsel appearing for plaintiff and defendant no.2 have today tendered consent terms, by which the disputes and differences in the caption suit have been amicably resolved in terms of the consent terms. The execution of the consent terms is supported by the report dated 15 th April 2025 of the Associate of this court. The report inter alia records as follows: "Upon inquiry with the signatories to the consent terms, both signatories to consent terms have confirmed that they have signed the consent terms with their free will and without any influence or coercion." Meera Jadhav

2/2 9-s-60-25.doc The consent terms are taken on record and marked "X" for identification. Both the learned counsel confirm that the consent terms do not touch upon any issue which travels beyond the scope of the suit neither do they affect or afford to affect right of any parties who is not party to the suit. The undertakings in the consent terms are accepted as undertaking given to this court. Accepting the assurance of the learned counsel, the suit stands disposed of in terms of the consent terms.

Refund of court fees shall be as per Rule.

In view of the disposal of the suit, the interim application does not survive and is accordingly stand disposed of.

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

(ARIF S. DOCTOR, J.) Meera Jadhav