Ashok Kumar Damani v. Yashashree Construction Co

sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION CONTEMPT PETITION IN COMMERCIAL DIVISION MATTERS NO. 11 OF 2024 Ashok Kumar Damani ... Petitioner v/s.

Yashashree Construction Co.

... Respondent WITH NOTICE OF MOTION NO. 1548 OF 2018 IN COMMERCIAL SUIT NO. 899 OF 2018 WITH INTERIM APPLICATION (L) NO. 26104 OF 2022 IN NOTICE OF MOTION NO. 1548 OF 2018 ______________________ Mr. Farhan Khan a/w. Rubin Vakil, Rishit Vimadalal, Adv. Manish Doshi, Adv. Heena T., Adv. Isha Thakur, Adv. Dhaval Poriya i/by Vimadalal & Co. for the Petitioner. Mr. Nitesh Agarwal a/w. Adv. Meet Pandya for Defendant Nos.4, 6 and 7.

________________________

CORAM

: Kamal Khata, J.

DATED : 11th August 2025.

P.C.:- 1.

The parties have resolved their disputes and executed the Consent Terms dated 11th August 2025. The parties are present in Court and their signatures on the Consent Terms Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2025.08.18 11:53:38 +0530 SUMEDH NAMDEO SONAWANE

are identified by their respective Advocates. Parties affirm that they have read, understood and accepted the terms on their own free will, without any coercion or undue influence. 2.

The Consent Terms tendered are taken on record and marked 'X' for identification with today's date. 3.

I am satisfied that the Consent Terms are in order, not contrary to law, and have been executed by the parties of their own volition, reflecting their true intentions. 4.

The undertakings, if any, contained in the Consent Terms are accepted and treated as undertakings to the Court.

5.

Court fees shall be refunded in accordance with the applicable Rules.

6.

The Registry shall 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.

7.

Mr. Rajkumar Damani, Usha Chandak and others are not parties but have signed the consent terms and Respondent Nos.4, 7 and 8 have agreed to settle the dispute with them as specifically recorded in the Consent Terms.

8.

The Contempt Petition, Notice of Motion and Commercial Suit stand disposed of in terms of Consent Terms. List the matter for reporting compliance on 2nd September 2025.

9.

All concerned to act on an authenticated copy of this order.

(Kamal Khata, J.) Note: This order is modified by an order dated 14th August 2025. Corrections are shown in bold and italics.