Final Order 2

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IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100688/2021
Date : 28-02-2022
Business : Adv. Manish Kenia a/w Adv. Ankita Sovani along with
Constituted attorney of the plaintiff namely Prashant
Hemant Parekh present.
Adv. Abhijeet Sawant for defendant Amit and proposed
defendant Arvind present and filed vakalatnama of
proposed defendant Arvind t.o.r. and marked as Exh.4
He also filed two affidavits in reply of defendant Amit
and proposed defendant Arvind respectively t.o.r.
Both sides filed consent terms t.o.r. and marked as
Exh.5
Heard both sides in C/S No. 1900/21
As proposed defendant Arvind is actual proprietor of
the firm, it is necessary to add him as a party to the suit
so that necessary order can be passed by relying upon
contents in Exh. 5. At the same time, other details are
not required to be made part of the plaintiff’s pleading
in view of positive development taking place in form of
compromise in terms of Exh. 5. Hence, C/S No.
1900/21 is made absolute in part just for the
purpose of adding respondent Arvind Gajanan
Udavant as defendant no. 2 in the plaint. The
plaintiff is directed to carry out the amendment in
the plaint today itself. Proceeding of C/S No.
1900/21 is disposed off.
LO
As per order in C/S No. 1900/21, amendment is carried
out in the plaint.
On perusal of consent terms Exh. 5, it appears that the
parties have settled the matter and it is agreed between
the parties to pay amount of Rs. 10,79,000/- towards
full and final settlement of the matter to the plaintiff by
the defendants on or before 30-05-2022 as mentioned
in para 7 and 8 of the consent terms. Authorized
representative of the plaintiff and defendants no. 1 and
2 admitted their signatures on the consent terms and
they are identify by ld. Counsels representing them. In
short, compromise between the parties is voluntary and
they are duly represented by their respective counsels.
Hence, I pass the following order -
Order
1. The Commercial Suit No. 688/2021 is decreed in
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terms of consent terms Exh. 5.
2. Parties shall bear their own costs.
3. Court fees shall be refunded to the plaintiff as per
rules and refund certificate shall be issued accordingly.
4. Consent terms Exh. 5 shall form part and parcel of the
decree.
5. Decree be drawn up accordingly.
6. S/J No. 276/18 is disposed off having become
infructuous due to disposal of the main matter.
Nature of Disposal : OTHER
Disposal Date : 28-02-2022
COURT 31 ADDL SESSIONS JUDGE
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