Order 1

Order Details: Order below exhibit
Pdf Text: MHCC010073172018
CNR NO.MHCC01-007317-2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ORDER BELOW EXH.1.
IN
S. C. SUIT NO.2263 OF 2018
Premlata Agarwal ] ...Plaintiff.
V/s.
Ahuja Properties and Associates & Ors. ] ...Defendants.
Appearances:
Ms. Pooja Pangle, Ld. Advocate for plaintiff.
Ms. Sapna Pasi, Ld. Advocate for defendants.
CORAM : HIS HONOUR JUDGE
SHRI SHANKAR G.
BORLEPWAR
(C.R.No.20)
DATED : 13th March, 2020
ORAL ORDER
1. Perused order passed below Exh.5 dated 6th March, 2020.
Exh.5 is Consent Terms. The said Consent Terms Exh.5 is having
signature of plaintiff, Advocate of plaintiff, Defendant No.2, Defendant
No.3 and Sachin Dhuri as POA of all defendants and advocate for
defendants. Plaintiff is identified by Advocate Ms. Pooja Pangle.
Defendant Nos.2 and 3 and Sachin Dhuri as POA of all defendants are
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identified by Advocate Ms. Sapna Pasi holding for Advocate Madhukar
Mule on record. It is mentioned in the order passed below consent
terms Exh.5 that defendant No.2 and 3 are not present. Advocate Ms.
Sapna Pasi appearing for defendants had submitted before the Court on
06.03.2020 that defendant No.2 Jagdish Ahuja and defendant No.3
Gautam Ahuja have authorized Sachin Dhuri to settle the matter on
their behalf.
2. It is mentioned in the order passed below consent terms
Exh.5 on 06.03.2020 that as per order passed below Exh.4 the earlier
consent terms are only signed and filed on 06.03.2020. Both the
Advocates had filed application Exh.4 on 06.03.2020 to cancel the
earlier consent terms filed vide Exh.3 and allowed the parties to tender
fresh consent terms.
3. As per the order passed in consent terms Exh.5 on
06.03.2020 it is directed to adjourn the matter for passing Order below
Exh.1.
4. Perused photo copy, Power of Attorney executed by Mr.
Jagdish Bhagwandas Ahuja partner of defendant No.1 in favour of Mr.
Gautam Jagdish Ahuja/ Mr. Ashok Gacheria / Mr. Deepak Shinde/ Mr.
Sachin Dhuri to admit the execution of consent terms in all the matters
on his behalf of the said firm either jointly or severally. It is also
mentioned in the Power of Attorney that Mr. Jagdish Ahuja authorized
the said persons to appear, to represent and admit on his behalf and on
behalf of firm the execution of the consent terms executed by him
which are to be filed in various matters in various Courts and to sign
and execute any writings in the concerned Hon’ble Court.
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5. Perused photo copy of Power of Attorney executed by Mr.
Gautam Jagdish Ahuja / Mr. Ashok Gacheria / Mr. Deepak Shinde/ Mr.
Sachin Dhuri to admit the execution of consent terms in all the matters
on his behalf of the said firm either jointly or severally.
6. It is specifically mentioned in both the power of attornies
that executant being personally unable to attend the Court for
presenting the consent terms to admit the execution thereof, therefore
the executant is desirous to appointing the said persons to admit the
execution of the consent terms in all the matters on his behalf of the
said firm either jointly or severally.
7. The signature of defendant No.2 and 3 is identified by
Advocate Ms. Sapna Pasi holding for Advocate Madhukar Mule.
8. Perused the consent terms Exh.5 and order passed on it
dated 06.03.2020. It appears that matter is settled between the parties.
Therefore no purpose will be served by keeping the matter pending.
Hence following order:
ORDER
Order Below exh. 01 as under:
1. The suit is disposed of as per Consent Terms Exh. 05.
2. Decree be drawn up as per Consent Terms Exh. 05
3. Court fee be refunded to the plaintiff as per Rule.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
Dt.: 13/03/2020 City Civil Court, Gr. MUMBAI
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Dictated on : 13.03.2020
Due to Covid-19 lockdown, the
Court was not functioning and
therefore Transcribed on : 15.06.2020
Checked on : 15.06.2020
Signed on : 15.06.2020
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
15.06.2020 at 16.25 p.m.
UPLOAD DATE AND TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S. G.
BORLEPWAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 13.03.2020
Judgment/order signed by P.O. on 15.06.2020
Judgment/order uploaded on 15.06.2020
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