4-S-1097-2015+.DOC

Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT NO. 1097 OF 2015

Sunil Kishan Lal Soi (HUF) & Ors

…Plaintiffs

Versus

Shirish Girish Dikshit & Ors

…Defendants

WITH

INTERIM APPLICATION (L) NO. 15900 OF 2021

IN

SUIT NO. 1097 OF 2015

WITH

INTERIM APPLICATION (L) NO. 15260 OF 2021

IN

SUIT NO. 1097 OF 2015

WITH

INTERIM APPLICATION NO. 1423 OF 2021

IN

SUIT NO. 1097 OF 2015

WITH

NOTICE OF MOTION NO. 2185 OF 2015

IN

SUIT NO. 1097 OF 2015

WITH

CHAMBER SUMMONS NO. 921 OF 2018

Page 1 of 5

5th August 2021

ARUN

RAMCHNDRA

SANKPAL

Digitally

signed by

ARUN

RAMCHNDRA

SANKPAL

Date:

2021.08.06

09:58:21

+0530

4-S-1097-2015+.DOC

IN

SUIT NO. 1097 OF 2015

WITH

NOTICE OF MOTION NO. 3020 OF 2016

IN

SUIT NO.1097 OF 2015

WITH

CHAMBER SUMMONS NO. 167 OF 2019

IN

SUIT NO.1097 OF 2015

WITH

INTERIM APPLICATION NO. 1497 OF 2019

IN

SUIT NO. 1097 OF 2015

WITH

NOTICE OF MOTION NO. 876 OF 2016

IN

SUIT NO. 1097 OF 2015

WITH

NOTICE OF MOTION NO. 1526 OF 2017

IN

SUIT NO. 1097 OF 2015

Ms Saakshi Saboo, i/b Raval-Shah & Co, for the Plaintiffs.

Mrs Veena C Khatri, for Defendants Nos. 1 to 3.

Mr Rohaan Cama, with Ishwar Nankani and Huzefa Khokhawala,

Page 2 of 5

5th August 2021

4-S-1097-2015+.DOC

i/b Nankani &

Associates, for Defendants Nos. 4 to 23.

Mr JK Shah, with

Archit Manurkar, Defendant No.25.

Mr S Amre, for the Intervenor.

CORAM:G.S. PATEL, J

DATED: 5th August 2021

PC:-

1.

This is further to the order of 16th July 2021. Paragraphs 2, 3

and 4 of the order read thus:

“2. Consent Terms were drawn up between the parties

sometime in October 2020. On 30th March 2021, there was

an order of this Court requiring the Prothonotary & Senior

Master to designate an officer to verify the identity of the

parties and the execution of the Consent Terms. Ms Swati

Tari has done this exercise. She has prepared a report. For

most of the Plaintiffs, she has verified their identities. There

are others who passed away, some after signing the Consent

Terms. There are also some who had passed away, but

whose heirs signed the Consent Terms. There are three sets

of heirs of deceased Plaintiffs who are yet to sign the

Consent Terms. At this stage, therefore, I allow all

applications for amendment, without need of reverification.

Those amendments are to be carried out on or before 26th

July 2021. The remaining signatures, including of the newly

added parties, are to be obtained by 2nd August 2021.

There will be no need for further verification by a Court

Officer, provided that the Advocate on record for the

Plaintiff files a short Affidavit confirming that the Advocate

has personally satisfied himself or herself about the identity

of these new signatories.

3.

The matter will be listed on 6th August 2021 for final

orders on the Consent Terms.

Page 3 of 5

5th August 2021

4-S-1097-2015+.DOC

4.

The Applicant has filed Suit (L) No. 10038 of 2021.

Any order in terms of the Consent Terms will be without

prejudice to his rights and contentions in this fresh Suit.

”

2.

I am told that all the amendments have been carried out and

the necessary signatures have been obtained. There is already an

Affidavit by the Advocate for the Plaintiff as directed in paragraph 4

of the earlier order.

3.

Accordingly, the Suit is disposed of with an order in terms of

the Consent Terms. These Consent Terms are taken on record and

marked

“X” for identification with today’s date.

4.

The undertakings in the Consent Terms are accepted as

undertakings to the Court.

5.

Parties agree that the Receiver is to stand discharged without

passing accounts but on payment of his costs, charges and expenses

by the Plaintiffs within three weeks from today.

6.

In Clause 23(d) of the Consent Terms there is a blank after

the word ‘schedule’. This is a typographical error. In fact, there is

only one schedule. This is noted.

7.

Liberty to the parties to lodge a certified or authenticated

copy of the Consent Terms as also a certified o