Bombay High Court
Suraiya Abdul Majid Khan vs Mohammed Umer Abdul Majid Khan And 8 Ors. ... on 21 October, 2020
Author: A. K. Menon
Bench: A. K. Menon
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 4679 OF 2020
IN
SUIT NO. 184 OF 2014
Suraiya Abdul Majid Khan ... Applicant/ Plaintiff
vs.
Mohamed Umer Abdul ... Respondents/Defendants
Majid Khan and Ors
Mr. Nirman Sharma a/w. Mr. Anand Pai i/b. Mr. Dinaz H. Mistry for the
Plaintiff.
Mr. Khan Javed Akhtar for Defendant nos. 2 to 8.
Dr. P. L. Pardeshi for Proposed Defendant nos. 9 to 12.
CORAM : A. K. MENON, J.
DATED : 21st OCTOBER , 2020.
(THROUGH VIDEO CONFERENCE) P.C. :
1. By this interim application the plaintiff seeks to bring on record proposed respondents to the interim application who are children of the plaintiff. The respondents are represented today by Dr. Pardeshi who has no objection to the interim application being allowed. He states that he has entered appearance in the interim application. In that view of 1/3 9-IAL-4679-2020 -S-184-2014.doc rrpillai the matter I pass the following order :
(i) Interim application is made absolute in terms of prayer clause (a).
(ii) Amendment to be carried out within one week from this order being uploaded.
(iii) Appearance of Dr. Pardeshi on behalf of the respondents in the interim application shall be treated as appearance in the suit.
(iv) As between the plaintiff and the defendant nos. 2 to 9 a settlement is said to have been arrived at in terms of the consent terms which have been sent via email to the Court. The hard copy of the executed consent terms has also been tendered. The same shall be marked "X" for identification and shall for part of the record.
(v) The Plaintiff is present in this Video conference. She is identified by Ms. Mistry who represented the plaintiff. The plaintiff has confirmed that she has read and understood the consent terms and is agreeable to the matter being settled as set out in consent terms. She confirms on this video conference to having signed the consent terms.
(vi) On behalf of defendant nos. 2 to 8 it is stated that Mr.Shabbir G. Morbiwala has been authorised by a resolution of the Trust. However Mr. Khan states that resolution does not specifically provide for settling the present suit and suitable resolution would be passed for attending to this matter.2/3
9-IAL-4679-2020 -S-184-2014.doc rrpillai
(vii) Respondent no. 11 who is now to be impleaded in the suit pursuant to the order of the interim application is present in the Video conferencing hearing. He confirms he executed the consent terms along with his mother the plaintiff. His two sisters respondent no. 11 and 12 have authorised him by virtue of separate power of attorney executed in Canada and Bangalore one is executed by Ms.Mirbaz Irfana Khan and other by Ms. Farhana Shoaib Sait. Copies of these powers of attorney duly certified are also annexed to the consent terms.
(viii) Mr. Abdul Mobin Abdul Majid Khan, defendant no. 9 is also present today and confirms he has executed these terms. In view thereof presence of these parties present on this call today is dispensed with on the next occasion.
(ix) In the meantime Mr.Khan to ensure the true copy of the resolution is file and Ms. Mistry shall ensure notice is served upon defendant no. 1 against whom the plaintiff is desirous of withdrawing the suit and an affidavit of service shall be filed before the next date.
(x) List along with the interim application on Monday, 26 th October, 2020.
(xi) This order shall be digitally signed by the Personal Assistant of this Court.
Rajeshwari (A. K. MENON, J.) R. Pillai 3/3 Digitally signed by 9-IAL-4679-2020 -S-184-2014.doc Rajeshwari R. Pillai rrpillai Date: 2020.10.22 13:59:51 +0530