70 ial 6265-22..doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION (L) NO. 6265 OF 2022

IN

SUIT NO. 870 OF 2000

WITH

SUIT NO. 870 OF 2000

Standard Materials Agencies & Ors.

..Applicants

IN THE MATTER BETWEEN

Vidyut C. Shah & Ors.

..Plaintiffs

Vs.

Standard Materials Agencies & Ors.

..Defendants

Mr. V. Mannadiar i/b. M/s Mannadiar & Co., for the Plainti昀昀s.

Mr. Gobinda Mohanty i/b. M/s. Mohanty & Associates for

Defendants.

Mr. Vidyut Shah, Plainti昀昀 is present.

Mr. Kirit Shah, Partner of Defendant Nos. 1, 3 & Karta of Defendant

No.10 is present.

Mr. Mayank J. Roy, Defendant No.2(B) & Defendant No.7 is

presesnt.

CORAM:- B. P. COLABAWALLA,J.

DATE :- MAY 04, 2022.

P. C.:

1.

When the above matter is called out, the learned Advocates

have informed the Court that the dispute between Plaintiff Nos. 2 to 4,

Laxmi page 1 of 4

LAXMI

SUBHASH

SONTAKKE

Digitally

signed by

LAXMI

SUBHASH

SONTAKKE

Date:

2022.05.05

12:31:24

+0530

70 ial 6265-22..doc

5(A) to 5(D), 6, 7, 8(A) to 8(D), 9(A) to 9(E), 10, 11(A) and 12 and

Defendant No.1, 2B, 3, 7 and 10 are settled as recorded in the consent

terms dated 2^nd May, 2022.

2.

As far as Plaintiff No.13 is concerned, the dispute between

Plaintiff No.13 and the Defendants has already been settled out the

Court. It is in these circumstances, that the consent terms provide that

Plaintiff No.13 be deleted from the plaint. The consent terms have also

provided that the Suit against all the Defendants who are not signatories

to the consent terms shall stand dismissed as withdrawn.

3.

The consent terms have been signed by Plaintiff No.1 for

himself as well as in his capacity as a constituted attorney for Plaintiff

Nos.2 to 4, 5(A) to 5(D), 6, 7, 8(A) to 8(D), 9(A) to 9(E), 10, 11(A) and

12. Mr. Vidyut C. Shah (Plaintiff No.1) is present in Court today. He has

stated before the Court that he has signed the consent terms on behalf of

the aforesaid Plaintiffs as well as for himself after reading and

understanding the same as well as the implications thereof.

4.

The 1^st Defendant is a partnership firm. The consent terms

have been signed on behalf of the 1^st Defendant by Mr. Kirit Shah, who is

a partner of the 1^st Defendant. He has also signed the consent terms as

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70 ial 6265-22..doc

he is party Defendant No.3 and the Karta of Defendant No.10 (HUF).

Mr. Kirit Shah is present in Court today. He has stated before the Court

that he has signed the consent terms on behalf of himself, Defendant

No.1 as well as Defendant No.10 after reading and understanding the

same as well as the implications thereof.

5.

The consent terms are also signed by Defendant No.2(B)

and Defendant No.7 who is the same person. Defendant No.2(B) and

Defendant No.7, Mr. Mayank J. Roy is also present in Court today. He

has stated before the Court that he has signed the consent terms after

reading and understanding the same as well as the implications thereof.

6.

The consent terms have also been signed by the Advocates

for the Plaintiffs and the Advocates for the Defendants.

7.

In these circumstance, the consent terms dated 2^nd May,

2022 are taken on record and marked ‘X’ for identification. The

undertakings given in the consent terms are accepted as undertakings

given to the Court. There shall be an order and decree in terms of the

consent terms and the above Suit is also disposed of in terms of the

consent terms. No order as to costs.

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70 ial 6265-22..doc

8.

Refund of court fees, if any, as per rules.

9.

In view of the disposal of the Suit, nothing survives in an