Malhotra Silk Mills Pvt.Ltd vs Nitin Marwah And 4 Ors on 23 July, 2021

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Bombay High Court

Malhotra Silk Mills Pvt.Ltd vs Nitin Marwah And 4 Ors on 23 July, 2021

Bench: G.S. Patel

                                                          10-COMS-335-2015.DOC




 Arun



      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           ORDINARY ORIGINAL CIVIL JURISDICTION
                     IN ITS COMMERCIAL DIVISION
                 COMMERCIAL SUIT NO. 335 OF 2015


 Malhotra Silk Mills Pvt Ltd                                            ...Plaintiff
       Versus
 Nitin Marwah & Ors                                                ...Defendants

                                      WITH
 COMM DIVISION CHAMBER SUMMONS NO. 274 OF 2017
                                         IN
                  COMMERCIAL SUIT NO. 335 OF 2015


 Mr Rohaan Cama, with Sumeet V Nankani, IJ Nankani and HS
      Khokhawala, i/b M/s Nankani & Associates, for the Plaintiff.
 Mr Rajesh G Singh, i/b Legal Liaisons, for Defendant No.1.
 Mr Chaitanaya Chavan, with Levi A Rubens, Mohammed Naved I
      Mulla, i/b LR & Associates, for Defendants Nos. 4 and 6.


                               CORAM: G.S. PATEL, J
                                      (Through Video Conferencing)
                               DATED: 23rd July 2021
 PC:-


 1.

Leave to amend to delete Defendants Nos. 2, 3 and 5 and to add the 6th Defendant. Amendment to be carried out forthwith, without need of reverification.

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2. The parties have settled their disputes. Consent Terms are tendered. These are signed by the parties and their respective Advocates. 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. The Consent Terms are taken on record and marked "X" for identification with today's date.

3. The undertakings, if any, in the Consent Terms are accepted as undertakings to the Court.

4. The Commercial Suit is disposed of in accordance with the Consent Terms.

5. Drawn up order/decree dispensed with.

6. Further liberty to the parties to submit an authenticated copy of the Consent Terms and this order before the Sub-Registrar of Assurances or Collector of Stamps or both if so required.

7. All interim orders stand vacated.

8. All pending Motions/Chamber Summons are disposed of accordingly.

9. Court Fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a Page 2 of 3 23rd July 2021 ::: Uploaded on - 28/07/2021 ::: Downloaded on - 22/09/2021 19:27:40 ::: 10-COMS-335-2015.DOC claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application.

10. All concerned will act on production of an ordinary copy of this order.

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