Date: 16-12-2020
Business: Adv. Gandhy for plaintiff present.
None for deft.
Ld. counsel for plaintiff submitted that the settlement talks are going on and therefore, he seeks adjournment. Granted.
The matter is adjd for settlement to 04.01.2021.
Next Purpose: SETTLEMENT
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: Adv. Gandhy for plaintiff present.
None for deft.
Adv. for plaintiff submitted that the matter is likely to be settled on or before next date, hence adjourned for settlement.
The matter is adjd for settlement to 11.01.2021.
Next Purpose: SETTLEMENT
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Adv. Khare for plaintiff present.
None for deft.
Adv. for plaintiff submitted that the consent terms has been drafted but it will take at least two weeks time to complete it.
The matter is adjd for settlement to 20.01.2021.
Next Purpose: SETTLEMENT
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: As Presiding Officer is on leave, the matter is adjourned.
Next Purpose: SETTLEMENT
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Adv. Gandhy for plaintiff present.
None for deft.
Ld. counsel for plaintiff submitted defendant\''s advocate\''s relative expired and therefore, he is unable to attend the Court. Hence, the matter is adjourned.
The matter is adjd for settlement to 29.01.2021.
Next Purpose: SETTLEMENT
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv. Gandhy for plaintiff present.
On behalf of plaintiff nos.1 to 4, Kamlesh Kanungo present.
Adv. Anil Rao for deft. nos.1 to 4 present.
On behalf of deft. no.1, deft. no.3 present.
Plaint.
Vakalatnama.
Memorandum of address.
List of documents.
Consent terms filed by the parties. T.O.R.
Parties who are present filed their ID-proofs, verified and original returned to them.
Extract of resolution of plaintiff nos.1, 2 and 4 are attached to the consent terms. Extract of resolution of deft. no.1 is also attached.
Parties verified in respect of consent terms.
Ld. counsel for plaintiff submitted that plaintiff wish to delete deft. no.4 and add Empressa L.L.P. as a party.
The matter is adjd for hearing on consent terms to 01.02.2021.
Next Purpose: HEARING
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: Adv. Khare for plaintiff present.
Adv. Anil Rao for deft. nos.1 to 4 present.
Adv. for plaintiff tendered draft Ch/sum. Leave is granted to register.
Ld. counsel for plaintiff undertakes to supply copy of draft Ch/sum to deft. nos.1 to 4.
Issue notice of the Ch/sum to proposed deft. i.e. respondent in the Ch/sum.
The matter is adjd for service report and reply of defts. to 08.02.2021.
Next Purpose: SERVICE
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv. Khare for plaintiff present.
Adv. Anil Rao for deft. nos.1 to 4 present.
Adv. Yashvi Panchal for respondent in Ch/sum present.
Vakalatnama filed on behalf of respondent in Ch/sum No.254/21 by Adv. Yashvi Panchal. T.O.R.
O. - Seen and filed.
Say filed by counsel for deft. nos.1 to 4 and counsel for respondent on Ch/sum itself.
ORDER IN CH/SUM NO.254/21
Read Ch/sum. Heard. By this Ch/sum, plaintiff wish to delete the deft. no.4 and wish to add respondent as defendant. It is the contention of plaintiff that deft. no.4 has no right, title, interest, claim, demand or charge into or upon the suit properties and the development rights therein. The deft. nos.1 to 3 have agreed to sell, assign and transfer the deft no.1\''s entire right to respondent, hence, the respondent be added as deft. no.5. The defendants and respondent have no objection for adding respondent as defendant and to delete deft. no.4 as defendant. In view of the above stand of the plaintiff and the no objection of defendants and respondent, it is just and expedient to pass following order.
ORDER
1. Ch/sum No.254/21 is made absolute in terms of prayer clause (a) and (b).
2. Plaintiff to carry out necessary amendment within a period of one week from today.
The matter is adjd for compliance to 17.02.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Adv. Khare for plaintiffs present.
Adv. Mamta Ghatkar for deft. nos.1 to 3 present.
Adv. Panchal for deft. no.5 present.
Mr. Kamlesh M. Kanungo on behalf of plaintiff nos.1, 2 and 4 present.
Adv. for plaintiffs filed application for withdrawal of the suit.
ORDER BELOW EXH.7 AND EXH.1
Read application and say filed by counsel for deft. nos.1 to 3 and 5. On behalf of plaintiff nos.1, 2 and 4, its Director Mr. Kamlesh M. Kanungo present. Plaintiff no.3 is proprietary concern of Kamlesh M. Kanungo.
The extract of resolution of plaintiff nos.1, 2 and 4 is on record whereby Director Kamlesh M. Kanungo is authorized to tender withdrawal application. The copy of Adhar Card is attached to the withdrawal application and the same is verified from the original which is returned to Mr. Kamlesh M. Kanungo. The plaintiffs wish to withdraw the suit. I have verified from Kamlesh Kanungo as regard withdrawal of the suit and he confirmed the same. Since the plaintiffs do not wish to prosecute the suit, hence, it is expedient to pass the following order.
ORDER
1. Suit is disposed of as withdrawn.
2. No order as to costs.
3. Court fees be refunded to the plaintiffs as per Rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 17-02-2021