Selvel Publicity and Consultants Pvt. Ltd.VsThe Bombay International School Association +1 more

Date: 16-08-2018
Business: By precipee
N.O.B. T.O.B.
Exh.-06 Adv. Mr. Rupesh Ghadi for plff present and filed Vakalatnama
        Adv. Rupesh Ghadi submits that the suit was disposed off in view of settlement agreement Exh.05 through the process of mediation on 13.10.2017. However, the defendant no. 1 is not complying with the consent terms and therefore, by moving this Notice of Motion the plaintiff is seeking to recall and set aside the judgment and decree dated 13.10.2017 and restored the suit to its original state on the file of this Court and decide the same on merits. The plaintiff is also seeking relief in the form of declaration that the consent terms dated 13.10.2017 are illegal, null and void and not binding on the plaintiff and further consequential prayers that the defendant no. 1 has committed breach and therefore, he be restrained from obstructing the plaintiff from this playing advertisement on the hoarding etc.
          Considering the nature of motion, relief claim there under and the disposal of the suit by filing consent terms, the notice of motion is not tenable at law. The plaintiff may adopt necessary recourse permissible under law to redress its grievance about breach of consent terms. Hence, the motion is summarily disposed off. It be registered for statistical purposes.
Nature Of Disposal: DISMISSED
Disposal Date: 16-08-2018

Main Case No: SUIT/0101914/2017
Main Cnr: MHCC010083342017
Main Filing No: 111447

Filing Number: 111426/2018
Filing Date: 21-08-2018
First Hearing Date: 16th August 2018
Decision Date: 16th August 2018
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE