ASHFORD DEVELOPERS PVT LTD Vs. PRAVIN DALPATRAM DESAI

JUDGEMENT

(1.) The above Notices of Motion Nos.2399 of 2007, 3507 of 2007 and 552 of 2008 taken out by Defendant Nos.2,1 and 4 respectively are, with the consent of the parties, disposed of by this common judgment and order.

(2.) The above Notices of Motions have been taken out to set aside consent terms dated 8th June, 1998 and an order also dated 8th June, 1998 by a learned single Judge of this Court disposing of the above suit in terms of the consent terms. Defendant No.5 has not challenged the consent terms or the order.

(3.) The matter in a nutshell is this. That the consent terms were signed by/on behalf of all the parties and their advocates is admitted. There is some dispute as to who signed the consent terms on behalf of Defendant No.4 but that is of no consequence inter-alia for the reason that Defendant No.4 does not even claim a right in the suit property. Defendant No.5 has accepted the consent terms. Defendant Nos.2, 3 and 4 are closedly held private limited companies. Defendant No.3 is a wholly subsidiary of Defendant No.2. Defendant No.1 controls Defendant Nos.2 and 3. The challenge to the consent terms and the order falls in three broad categories. The various other contentions raised are in support thereof.