Calcutta High Court
Malvika Foundation And Ors vs Eiilm Foundation And Ors on 12 October, 2018
Author: Soumen Sen
Bench: Soumen Sen
ORDER
GA NO. 649 OF 2018
CS NO. 251 OF 2013
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
MALVIKA FOUNDATION AND ORS.
Versus
EIILM FOUNDATION AND ORS.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 12th October, 2018.
Appearance:
Mr. D. K. Jain, Advocate ...for the plaintiffs.
Mr. Tilak Bose, Sr. Advocate Mr. Debjyoti Dutta, Advocate Ms. Vijaya Bhatia, Advocate ...for the defendants.
By consent of the parties, the suit is treated as on day's list and disposed of along with the interlocutory application.
During the pendency of the interlocutory application, the parties have entered into a Terms of Settlement dated 11th October 2018 by which the parties have agreed to dispose of the suit by putting an end to all the controversies between the parties. The Terms of Settlement duly reduced in writing and signed by the parties and their respective attorneys is taken on record.
Since the drawing up of the decree would take some time, Clause 27 of the Terms of Settlement shall be implemented forthwith and the bank shall permit operation of the bank accounts on the basis of a server copy of this order. The suit stands 2 dismissed as against the defendant nos. 3, 6 and 7. The name of the plaintiff no. 3, as agreed, shall be deleted as plaintiff. The department shall carry out such amendments on the basis of this order in the cause title within one week after reopening of Court. The plaint shall be accordingly re-verified soon after the amendment is carried out. After all the formalities are completed, the department shall draw up the decree as expeditiously as possible.
In view of the Terms of Settlement, the Committee of Management stands dissolved, without filing any accounts. It is made clear that none of the parties have any claim against any member of the Committee of Management.
GA No. 649 of 2018 is disposed of.
CS No. 251 of 2013 is decreed on the basis of the Terms of Settlement dated 11th October 2018.
(SOUMEN SEN, J.) S. Kumar