Full Order Text
Order 1 · 05 Jan 2021 · CNR MHCC010078832018
Order Details: Other Pdf Text: Dt.5/1/21 Suit No. 7906/87 @ N.M. 890/17 Exh4 Exh5 Exh-6 Exh7 Exh8. Exh9 Contd.. CORAM : R.M. SADRANI, Addl.S.J. (C.R.NO.07) Praceepee filed by Nanu Hormasjee and Co. Allowed. Adv Nimish Kothari along with Adv Anupam Surve and Adv Nikhil Mutha I/b Nanu Hormasjee and Co. for plaintiff present. Adv Sunil Sharma for defendant no.5 present. Ms. Varsha N. Bhiwandkar, Chair person for defendant no.5 present. Dilip M. Khavnekar, Secretory and Prasad Athvale (Treasurer) present. Both the parties filed Consent Terms t.o.r. marked Exh5 Adv for the plaintiff filed death certificate for Plaintiff no.5(d) Tahnaan A .M. Patka. Death certificate is marked as Exh6. The suit is abated so far as plaintiff 5(d) is concern. Adv for plaintiff submitted that legal heirs are already on record and same is mentioned in C/T. Adv for the plaintiff filed photocopy of the Powers of Attorney which are notarized and attested by Adv for the plaintiffs. This P.O.A executed by plaintiff no. 1(a), (1b), (1c), (1d), 2 ,4(a), 4(b), 5(a), 5(b), 5(c ),7,8(a),8(b),8( c), 10 in favor of plaintiff no.9 Zubair Agboatwala. Plaintiff no.3 and 11 executed POA in favor of plaintiff no.6 Salim. All this POA collectively marked as Exh7. Today the plaintiff no.9 Zubair Agboatwala is present. Both the parties and their advocate filed a pursis that C/T is signed by plaintiff no.6 for himself and for plaintiff no.3 and 11 at his home. Plaintiff no.6 has went through hip replacement surgery and not possible to move. He is 85 years old . Accordingly a pursis is filed which is marked as Exh8. As the pursis is signed by both the parties and their advocates therefore pursis is accepted. Both the parties admitted that C/T (Exh5) bears the signature of plaintiff no.6. Plaintiff no. 9 Zubair Agboatwala and defendant no.5 accepted the contents of C/T Exh5. Representative of Defendant no.5 Ms. Varsha N. Bhiwandkar, Dilip M. Khavnekar, Secretory and Prasad Athvale filed a resolution on behalf of defendant no.5 authorizing them to sign the C/T bearing resolution no.3(a) dated 04/01/2021 t.o.r. marked Exh9. As per the C/T the suit is withdrawn as against the other defendant as defendant no.1 to 4 and 6 to 50. Consent Terms and Undertaking mentioned therein are accepted and suit is disposed off in terms of Consent Terms between the parties as per below Exh5. Connected N.M. 890 of 17 and Ch/Su if any also disposed off accordingly. No order as to costs. -- 1 of 2 -- Suit No. 7906/87 @ N.M. 890/17 Judge. -- 2 of 2 --