Bombay High Court
Nirmal D Agrawal vs Rinku Kalpesh Shah on 29 January, 2024
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2024:BHC-OS:1588-DB
5.Appeal(L).219.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL (L) NO.219 OF 2024
IN
SUMMARY SUIT NO.5 OF 2021
Nirmal D. Agrawal & Anr. .... Appellants
Versus
Rinku Kalpesh Shah & Ors. .... Respondents
ALONG WITH
INTERIM APPLICATION (L) NO.222 OF 2024
IN
APPEAL (L) NO.219 OF 2024
IN
SUMMARY SUIT NO.5 OF 2021
Nirmal D. Agrawal & Anr. .... Applicants
IN THE MATTER BETWEEN
Nirmal D. Agrawal & Anr. .... Appellants
Versus
Rinku Kalpesh Shah & Ors. .... Respondents
Ms Princee Vaishnav a/w. Pratik Jani i/b. Prime Legem,
Advocates for Appellant.
Mr. Vikas Pandey a/w. Mahavir Deshlehra i/b. M.D. Legal LLP,
Advocates for Respondents/Original Plaintiffs.
Mr. Mahesh D. Pol, Advocate for Respondent No.3.
Mr. Nirmal D. Agrawal, Appellant No.1 and P.O.A. Holder for
Appellant No.2 is present in Court.
Mrs. Rinku K. Shah, Respondent No.1 is present.
Mr. Bobby K. Shah, Respondent No.2 is present.
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5.Appeal(L).219.2024.doc
CORAM : B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ.
DATE : JANUARY 29, 2024
P. C.
1. The above Commercial Appeal is filed challenging the Order
dated 30th October, 2023 passed by the learned Single Judge of this
Court in Summons For Judgment No.17 of 2022 in Summary Suit
No.5 of 2021. By the impugned order, leave to defend the above suit
was granted to Defendant No.1 subject to depositing a sum of
Rs.50,00,000/- in this Court within a period of six weeks from the
date of uploading of the order. Similarly, leave to defend to
Defendant Nos.2 and 3 was also granted subject to them depositing a
sum of Rs.50,00,000/- within a period of six weeks from the date of
uploading of the said order.
2. Today when the above Appeal is called out, the Appellants
[original Defendant Nos.2 and 3] and the original Plaintiffs have
filed Consent Terms dated 16th January, 2024. As far as Defendant
No.1 is concerned, he has independently challenged the Order dated
30th October, 2023 [by filing a separate Appeal], as there is no
settlement between original Defendant No.1 and the original
Plaintiffs.
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5.Appeal(L).219.2024.doc
3. The Consent Terms tendered on behalf of the original
Plaintiffs and original Defendant Nos.2 and 3 dated 16 th January,
2024 are signed by the original Plaintiffs as well as original
Defendant Nos.2 and 3. The original Plaintiffs as well as original
Defendant No.2 are present in Court today. They have all stated that
they have signed the Consent Terms after reading and understanding
the same as well as the implications thereof. As far as original
Defendant No.3 is concerned, she is the wife of original Defendant
No.2. She has been unable to attend the Court today as she suffers
from Cancer. However, original Defendant No.2 has stated to the
Court that she has signed the Consent Terms in his presence and
after reading and understanding the same as well as the implications
thereof. He further identifies the signature of original Defendant
No.3.
4. The Consent Terms have also been signed by the Advocates
for original Defendant Nos.2 and 3 as well as the Advocates for the
Plaintiffs.
5. In these circumstances, the Consent Terms dated 16 th
January, 2024 are taken on record and marked 'X' for identification.
There shall be an order and decree in terms of the Consent Terms
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5.Appeal(L).219.2024.doc
and the above Appeal is disposed of in terms thereof. However,
there shall be no order as to costs.
6. In view of the disposal of the above Appeal, nothing survives
in the Interim Application and the same is also disposed of
accordingly.
7. This order will be digitally signed by the Private
Secretary/Personal Assistant of this Court. All concerned will act on
production by fax or email of a digitally signed copy of this order.
[SOMASEKHAR SUNDARESAN, J.] [B.P. COLABAWALLA, J.]
JANUARY 29, 2024
Aarti Palkar
