Bombay High Court
Indospace Luhari 3E Private Limited vs Ebony Estates Private Limited on 1 March, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
Digitally signed
JITENDRA by JITENDRA
SHANKAR
SHANKAR NIJASURE
NIJASURE Date: 2022.03.02
17:07:13 +0530
2-ial-952-2022.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO.952 OF 2022
IN
COMS SUIT (L) NO.951 OF 2022
IndoSpace Luhari 3E Private Ltd. ...Applicant/
Plaintiff
Versus
Ebony Estates Private Ltd. ...Defendants
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Shobhana Nayaran and Saumya Chaudhari i/b. Khaitan & Co.
for the Plaintiffs.
Mr. Rohaan Cama, Mr. Prakhar Parekh, Ms. Janki Garde and
Mr. Shamant Satiya
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CORAM : R.I. CHAGLA J.
DATE : 1ST MARCH, 2022.
ORDER :
1. The parties have settled their disputes. Consent Terms dated 25th February, 2022 are tendered. The Consent Terms are taken on record and marked 'X' for identifcation with today's date. These are signed by Mr. Satyanarayn Kolan Authorised Signatory of the Plaintiff and by Mr. Rustom Unwala, Authorised Signatory for the Defendant as well as by the Advocates for the Plaintiff and Defendant. The Board Resolutions authorising Mr. Satyanarayn Kolan as signatory to 1/4 2-ial-952-2022.doc execute these Consent Terms on behalf of the Plaintiff as well as the Board Resolution authorising Mr. Rustom Unwala as signatory to the Consent Terms on behalf of the Defendant are annexed to the Consent Terms. I am satisfed that the Consent Terms are in order, not contrary to law and have been drawn by the parties of their own volition in refection of their true intentions.
2. By these Consent Terms the Plaintiff and Defendant confrm, undertake and declare that they have no claims of any nature whatsoever against each other in relation to the Suit Property or under the Memorandum of Understanding dated 9th June, 2020, or otherwise. The Plaintiff agrees, confrms and declares that the Plaintiff will withdraw any action taken by the Plaintiff pursuant to the present Suit including cancellation or withdrawal of its lispendens in relation to he Suit property.
3. The undertakings, in paragraph 3 of the Consent Terms are accepted as undertakings to the Court. 2/4
2-ial-952-2022.doc
4. The Suit is disposed of in terms of the Consent Terms. The Interim Applications, if any, are disposed of.
5. A soft copy of the Consent Terms will be uploaded as the second order in the matter.
6. The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on fle as part of the record and is not sent for destruction in the ordinary course.
7. 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 claim for repayment. The Prothonotary & Senior Master will issue a certifcate 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.
8. All concerned will act on production of a digitally 3/4 2-ial-952-2022.doc signed copy of this order.
[R.I. CHAGLA J.] 4/4