Bombay High Court
Bhoumik Co-Operative Housing Society ... vs Vina A. Siswawala(Deleted Since ... on 10 August, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
2-1-S-1190-19+.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 1190 OF 2019
WITH-
NOTICE OF MOTION NO. 2179 OF 2019
Bhoumik Co-operative Housing Society Ltd. & ...Plaintiffs
Anr.
Versus
Vikram A. Siswala & Ors. ...Defendants
WITH
SUIT NO. 76 OF 2021
WITH
INTERIM APPLICATION NO. 2400 OF 2021
WITH
INTERIM APPLICATION NO. 3349 OF 2021
WITH
INTERIM APPLICATION NO. 3350 OF 2021
WITH
INTERIM APPLICATION NO. 1635 OF 2021
WITH
INTERIM APPLICATION NO. 1634 OF 2021
WITH
SHARAYU
PANDURANG
KHOT
INTERIM APPLICATION NO. 1636 OF 2021
Digitally signed
by SHARAYU
PANDURANG
KHOT
Date:
WITH
2022.08.12
INTERIM APPLICATION NO. 1637 OF 2021
18:49:21
+0530
1/5
2-1-S-1190-19+.doc
Vikram A. Siswala & Anr. ...Plaintiffs
Versus
Bhoumik Co-operative Housing Society Ltd. & ...Defendants
Ors.
----------
Mr. Dinyar Madon, Senior Advocate a/w Shamima Taly, Aziz Mohd,
Sehyr Taly i/by S. Mahomedbhai & Co. for the Plaintiffs in
S/1190/2019 and Defendants in S/76/2021.
Mr. Rajendra Pai, Senior Advocate a/w Mr. Yogendra A. Rajgor, Mr.
Akshay Pai i/by Legal Chartered for the Plaintiffs in S/76/2021 and
for the Defendant Nos. 2, 3, 14 and 15 in S/1190/2019.
Mr. Aseem Nafade a/w Mr. Devang Parmar and for the Plaintiffs in
S/76/2021 and for the Defendant Nos.4 to 6 and 16 in S/1190/2019.
Mr. Jamshed Ansari for the Defendant Nos. 12 and 17 in
S/1190/2019.
Mr. Manish Upadhye, AGP for the State of Maharashtra in
IA/2400/2021.
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CORAM : R.I. CHAGLA J
DATE : 10 August 2022
ORDER :
1. Disputes between the Plaintiffs and Defendant Nos. 12 and 17 have been settled.
2. The respective Consent Terms entered into between the Plaintiffs and the Defendant Nos. 12 and 17 respectively are 2/5 2-1-S-1190-19+.doc tendered. The Consent Terms are taken on record and marked 'X' and 'X-1' for identification with today's date. These are signed by the Treasurer of the Plaintiff No. 1-Society and the respective Defendant Nos. 12 and 17 as well as their Advocates.
3. I am satisfied that the Consent Terms are in order, not contrary to law and have been drawn by the parties of their own volition in reflection of their true intentions.
4. The undertakings, if any, in the Consent Terms being accepted as undertakings to the Court.
5. The Suit is disposed of and decreed against Defendant Nos. 12 and 17 in accordance with the Consent Terms which are marked X and X-1 respectively.
6. Drawn up decree/ order is dispensed with unless the parties seek drawn up decree/ order, in which case they are entitled to apply.
7. A soft copy of the Consent Terms will be uploaded as the 3/5 2-1-S-1190-19+.doc second order in the matter.
8. 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.
9. Suit shall continue against the remaining Defendants, other than Defendant Nos. 12, 13 and 17.
10. Plaintiffs are permitted to file Affidavit in Reply dated 10th August 2022 to the Additional Affidavit of the Defendants in Notice of Motion No. 2179 of 2019.
11. Affidavit in Rejoinder dated 5th May 2022 shall be filed by the Applicant in Interim Application No. 2400 of 2021.
12. Respondent Nos. 1 and 2 shall file Affidavit in Reply dated 26th July 2022 in Interim Application No. 1637 of 2021.
13. Defendant Nos. 4, 6, 7, 9, 14 and 16 shall file their respective Additional Affidavits dated 5th August 2022 in Notice of 4/5 2-1-S-1190-19+.doc Motion No. 2179 of 2019.
14. All the Affidavits to be filed in the Registry by 19th August 2022.
15. Place all the matters on 22nd August 2022 at 2.30 p.m. together with Appeal from Order No. 122 of 2021.
[R.I. CHAGLA J.] 5/5