Final Order 2

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE
Case No. :SUIT/0102734/2019
Mr. Pravin D. Khatau Vs Mr. Nilesh Modi
Date : 30-08-2022
Business : Adv. Zubin Dalal I/b FZB and Associates a/w C. A. of plaintiff
namely Anil Nambiar present and filed vakalatnama t.o.r.
marked as Exh.7 Adv. B. N. Jadhav I/b P. D. Gandhi a/w
defendant no. 1 present. C. A. of plaintiff and defendant no. 1
filed consent terms t.o.r. marked as Exh.8 None for defendant
no. 2 Consent terms are signed by C.A. of the plaintiff and
defendant no. 1 as an Escrow Agent. Adv. B. N. Jadhav and
Adv. Ferzana Behramkamdin have also signed consent terms
Exh. 8. Considering contents in Escrow agreement and details
in email of defendant No. 2 (who is brother of the plaintiff ),
both sides have worked out the aspect of custody of
mother&amp#039s jewelery. Limited issue of diamond
ring is sorted out by depositing Rs. 1,50,000/- in the account of
defendant no. 2 and custody of diamond ring is handed over as
per receipt annexure 4 to consent terms Exh. 8 to the plaintiff.
As purpose of entering into Escrow agreement is served and
there is nothing more to be done in accordance with the said
Escrow agreement, consent terms Exh. 8 can be considered
while allowing unconditional withdrawal of the suit against
deft. no. 2. Further more, defendant no. 2 is duly served with
writ of summons as per affidavit of service dtd. 13-11-2019
and he has knowledge of the present suit proceeding. He has
also been served with notice of motion as per affidavit of
service dtd. 14-11-2019. Hence, I pass the following order -
Order 1. S.C. Suit NO. 2734/19 is disposed of as withdrawn
against deft. no. 2. 2. S.C. Suit no. 2734/19 is disposed of in
terms of consent terms Exh. 8 3. Parties shall bear their own
costs. 4. Court fees shall be refunded as per rules. 5. NM No.
1470/21 and NM No. 4237/19 disposed of. 6. Proceeding of
present suit as well as NM No. 1470/21 and NM No. 4237/19
are closed.
Nature of Disposal : WITHDRAWL
Disposal Date : 30-08-2022
COURT 63 ADDL SESSIONS JUDGE
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