Bombay High Court
Krishna Fashion World And 2 Others vs Flextough Metals Private Limited ... on 15 September, 2022
Bench: N. J. Jamadar
18-SJ-46-14+.DOC
Sayali Upasani
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMONS FOR JUDGMENT NO.46 OF 2014
IN
COMM. SUMMARY SUIT NO.110 OF 2014
M/s. Flextough Metals Pvt Ltd & Anr ...Plaintiffs
Versus
M/s Krishna Fashion World & Ors ...Defendants
A/W
SUIT NO.868 OF 2014
AND
SUIT NO.968 OF 2014
M/s Krishna Fashion World & Ors ...Plaintiffs
Versus
M/s. Flextough Metals Pvt Ltd & Anr ...Defendants
Mr. K.D. Shukla, for Plaintiffs.
Ms. Vidya Nair a/w Ms. Neha Shah i/b Vimla & Co., for the
plaintiffs in Suit No.868 & 968 of 2014 & for the
defendants in Comm Summary Suit No.110 of 2014.
CORAM: N. J. JAMADAR, J.
DATED : 15th SEPTEMBER, 2022
PC:-
1. Heard the learned Counsels for the parties.
2. The learned Counsels submit that the parties have
amicably settled the dispute in all three suits. The parties
have executed consent terms as well.
3. Consent terms are tendered.
18-SJ-46-14+.DOC
4. Mr. Sadashiv Pandey alias Mehul Pandey, the plaintiff
No.2, who is authorised by the resolutions passed by M/s.
Flextough Metals Pvt Ltd, plaintiff No.1, in Commercial Suit
No.110 of 2014 and defendant No.1 in Suit No.868 of 2014
and Suit No. 968 of 2014, and Alanzo Trademart Pvt Ltd.,
(previously known as Navish Trade Links pvt Ltd), the
defendant No.2 in Suit No.868 of 2014 and Suit No.968 of
2014, is present.
5. Mr. Ramesh Patel and Mrs. Devi Patel, the defendant
Nos. 2 and 3 in Suit No.110 of 2014 and the plaintiff Nos. 2
and 3 in Suit No.868 of 2014 and 968 of 2014, are also
present. The parties admit the contents of the consent
terms and execution thereof. The parties are identified by
their respective Advocates, who have also signed the
consent terms.
6. The parties submit that the defendants in Suit No.110
of 2014, Mr. Ramesh Patel and Mrs. Devi Patel, have agreed
to pay a sum of Rs.50 Crores to the plaintiff within a period
of 120 months from the date of these consent terms. Upon
being specifically enquired, Mr.Ramesh Patel and Mrs. Devi
Patel submit that they admit the aforesaid stipulations in
the consent terms. Mr. Sadashiv Pandey alias Mehul
18-SJ-46-14+.DOC
Pandey, the plaintiff No.2 submits that he is agreeable to
receive the payment in accordance with the schedule
indicated in the consent terms.
7. It appears that the parties have worked out a
comprehensive settlement of the dispute and have made
provision for withdrawal of other proceedings between the
parties. It appears that the consent terms have been
executed voluntarily and there is no coercion or duress.
8. Hence, the consent terms are taken on record and marked
"X".
9. A copy of the consent terms be placed in each of the suits.
10.The plaintiff in suit No.868 of 2014, seek leave to withdraw
the suit as against defendant No.4 - Seema Jowkar.
Leave granted.
11. The Suit No.868 of 2014 stands dismissed as withdrawn
against defendant No.4 - Seema Jowkar.
12.The suits stand disposed in accordance with the consent
terms - (X).
13.The undertakings given in the consent terms (X) are
accepted as undertakings to the Court.
14.The plaintiffs are entitled to refund of Court fees, if any, in
accordance with rules.
18-SJ-46-14+.DOC
15.Decree be drawn in each of the suits in accordance with
the consent terms (X).
16.The consent terms (X) shall form part and parcel of the
decree in each of the suits.
17. In view of the disposal of the suits, Summons for
Judgment, Notice of Motion and/or Interim Applications, if
any, also stand disposed.
[N. J. JAMADAR, J.]
