Sajnbir Singh Anand And 2 Ors vs Raminder Kaur Anand And Ors on 23 January, 2020

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Bombay High Court

Sajnbir Singh Anand And 2 Ors vs Raminder Kaur Anand And Ors on 23 January, 2020

Bench: A.K. Menon

                                                                         7-S-1869-11-MOTIONS.doc


Dixit


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                               ORDINARY ORIGINAL CIVIL JURISDICTION


                                            SUIT NO.1869 OF 2011
                                      ALONG WITH
                          NOTICE OF MOTION NO.2287 OF 2011
                                         WITH
                          NOTICE OF MOTION NO.2955 OF 2011
                                         AND
                          NOTICE OF MOTION NO.1245 OF 2014
        Sajanbir Singh Anand and Ors.                ....Plaintiffs-Applicants
                    V/s.
        Raminder Kaur Anand and Ors.                 ....Defendants


        Ms. Usha K. Srivastava, with Ms. Nupur Awasthi, i/by Consulta Juris, for the
        Plaintiffs-Applicants.

        Mr. Ranbir Singh, with Ms. B. Jiwani, i/by Dua Associates, for Defendant
        Nos.1, 2(a) and 2(b).

        Ms. Dhanashree Gaikaiwari, i/by Bilawala & Co., for Defendant No.3.

        Mr. Rajshekhar Upadhyaya, with Ms. Ishani Munshi, i/by Dave & Girish &
        Co., for Defendant No.4.

        Ms. Chaitali Kandare, i/by Navdeep Vora & Associate, for Defendant No.7.


                                                       CORAM : A.K. MENON, J.

DATED : 23RD JANUARY, 2020.

P.C. :

1. Learned counsel for the parties state that a settlement is arrived at as between the three plaintiffs and defendant nos.1, 2(a) and 2(b). On behalf of 1/3 ::: Uploaded on - 24/01/2020 ::: Downloaded on - 25/01/2020 00:43:21 ::: 7-S-1869-11-MOTIONS.doc the plaintiffs, it is submitted that in view of the consent terms, the suit will not survive against defendant nos.3 to 9, except to the extent that certain monies that may be lying with the 5th defendant.

2. The learned counsel for the parties tender consent terms signed between the plaintiffs and defendant nos.1, 2(a) and 2(b). Parties are present in court. They are identified by their respective Advocates. Parties confirm having executed the terms. In view thereof, I pass the following order :-

(i) Consent terms signed by the parties and their Advocates are taken on record and marked as "X" for identification.

(ii) There will be a decree in terms of the consent terms.

Undertakings, if any, in the consent terms are accepted.

(iii) In view the above the suit will not survive against defendant nos.3 to 9. Suit against defendants 3 to 9 is dismissed as withdrawn except that the banks shall comply with the provisions of the consent terms.

Liberty to apply.

(iv) Suit is disposed in terms of the consent terms. Decree to be drawn up accordingly.

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7-S-1869-11-MOTIONS.doc

(v) Court fees, if any, be refunded as per rules.

(vi) In view of the above, all notices of motion pending in the suit are disposed.

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