Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :SUIT/0101137/2019
Chandu alias Chandru Pitamberdas Manik Vs M/s. Jaydeep Constructions
Date : 28-08-2024
Business : Plaintiff No. 1 to 3 alongwith their Adv. Ashutosh Shukla are
present. On behalf of defendant No. 1 company, authorized
person Murji Damji Minat alongwith Adv. M. Ali Nasikkar is
present. Order Below Consent Terms Exh. 10. Both the parties
have filed the consent terms and agreed to resolve the dispute
between them. Today plaintiffs have filed the pursis Exh. 11
and stated that they do not want to proceed against defendant
No. 2. the defendant No. 1 in view of settlement is ready to
give 600 sq. ft. carpet area to each plaintiff as a permanent
alternate accommodation and mean while will pay rent of Rs.
30,000/- per month with increase of 5% in the agreed rent
amount per annum. The plaintiffs are also agreed to pay the
additional amount to the defendant No. 1 at the rate of Rs.
21,500/- per sq.ft. for excess carpet area of 30 sq. ft. The court
has raised the objection about the relief claimed by plaintiffs in
the present suit and nature of their settlement agreement,
directed to revalue the suit and to pay the deficit court fees
amount. In view of the directions plaintiffs have paid the
maximum court fees of Rs. 3,00,000/- and complied the order
of court. I have verified the signature of plaintiff and
authorized person of defendant No. 1 company alongwith the
plaint and authority letter of defendant No. 1 company
annexed with the consent terms. It is found correct. The
contents of consent terms are read over and explained to the
parties. They have voluntarily admitted the contents and
correctness of the consent terms Exh. 10. It has further
submitted by the parties that at present they have no dispute
remained against each other. However the terms on which both
the parties arrived at compromise are lawful and not void or
voidable. Thus the consent terms are read and recorded.
ORDER BELOW EXHBIT- 01. In view of consent terms Exh.
10 parties are arrived at compromise and no dispute is
remained between them. Therefore when the matter is
amicably settled I have no reason to hold anything contrary so
in the result passed the following order : Order 1. Suit No.1137
of 2019 is decreed in view of consent terms Exh-10 and it is
dismissed cum withdrawn against defendant No. 2 vide pursis
Exh. 11. 2. Draw compromise decree accordingly in view of
consent terms Exh-10 and it shall be the part and parcel of
compromise decree. 3. No order as to costs. 4. Court fees be
refunded to the plaintiffs if they found entitled as per the rules.
Nature of Disposal : CONSENT DECREE
Disposal Date : 28-08-2024
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COURT 62 ADDL SESSIONS JUDGE
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