Final Order 2

Order Details: Notice of Motion
Pdf Text: 23/03/2022 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
4
SU 2704/18
Exh.3/A
Exh.4
Exh.4/A
Exh.4/B
Exh.5
Plaintiff No.2 present. Adv Mr. Pravin Patel present for plaintiff.
Defendant Nos.2 and 3 present with their Adv Smt. Vaishali Sharma for
defendant Nos.2 to 6 present.
None present for defendant No.7.
Advocates for plaintiff of deft Nos.2 to 6 have endorsed on the consent
terms filed on previous date with application Exh.3 as “Not pressed”. In
view of those endorsements, the consent terms presented with application
Exh.3 are filed as not accepted. Those consent terms be marked as Exh.3/
A for further reference purposes.
Plaintiff No.2 and the authorized persons of defendant Nos.2 to 6 have filed
fresh consent terms today at Exh.4. The Resolution passed on 20.11.2021
for giving authority to defendant No.2 Jayantilal Shah and defendant No.3
Satish Shah by the President of defendant No.6 is produced with consent
terms Exh.4. Said Resolution is marked as Exh.4/A for further reference
purpose. Likewise, the copy of power of attorney executed by plaintiff
Nos.3 and 4 in favour of plff No.2 Jerome is also produced. Original power
of attorney is made available for verification. The copy of power of
attorney tallied with the original hence, copy is marked as Exh.4/B for
further reference purposes and original is returned back to plaintiff No.2
with direction to produce it as and when directed by the Court.
Plaintiff No.2 Jerome Vaz present in person for himself, for plaintiff No.1
and as power of attorney holder of plaintiff Nos.3 and 4 with advocate Mr.
Patel for the plaintiffs.
Defendant No.2 Jayantilal Shah and defendant No.3 Satish Shah are present
in person for themselves and on behalf of defendant Nos.4 to 6 with Adv
Vaishali Sharma for those defendants.
On enquiry, plaintiff No.2 and defendant Nos.2 and 3 have admitted the
contents of consent terms Exh.4 to be true, correct and admissible to all of
them hence, consent terms Exh.4 are Read and Recorded.
Adv for plaintiff filed pursis at Exh.5 that plaintiffs do not want to
prosecute the suit against defendant No.7. Perusal of the prayer clauses of
plaint show that any relief is not claimed against defendant No.7 hence,
permission to withdraw the suit unconditionally against defendant No.7 is
granted.
Thus, in view of consent terms Exh.4, suit stands disposed off as settled
between plaintiffs and defendant Nos.2 to 6 so also, as withdrawn
unconditionally by the plaintiffs against defendant No.7. Suit is already
abated against defendant No.1 hence, suit is disposed off. Court fees be
refunded to the plaintiffs as per rules.
As the suit is disposed off as above, pending NM No.3189/19 and
1382/2021 are disposed off.
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Proceeding is closed.
Judge
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