Case Note & Summary
This is a procedural order from the Bombay High Court in Suit No. 722 of 2015. The matter was listed for settlement of the draft decree. On 22nd February 2022, an order had recorded the appearance of Ms. Shaina Saheed as advocate for Defendant Nos. 1 & 2. However, on 25th February 2022, the plaintiffs' advocate pointed out that Ms. Saheed was actually an intern with M/s. Vidhi Partners, not an advocate. Upon inquiry, Ms. Saheed confirmed this. Consequently, the court corrected the earlier order to reflect only Mr. Ashish Gupta as advocate for the plaintiffs. On 23rd February 2022, the plaintiffs' advocate had submitted a fresh corrected draft decree as per suggestions made on 22nd February 2022. On 25th February 2022, Mr. Shrey Shah, appearing for Defendant Nos. 1 & 2, consented to the corrected draft. Both advocates signed the draft consent decree. The court then settled the draft decree and directed the plaintiffs' advocate to file an engrossed copy within one week. The office was directed to issue the decree of the order dated 1st September 2017 as per the approved draft. The matter was closed.
Headnote
A) Civil Procedure - Settlement of Decree - Consent Decree - The court settled the draft consent decree after corrections were made and both parties' advocates consented. The court also corrected an earlier order where an intern was mistakenly recorded as an advocate. (Paras 1-3)
Issue of Consideration
Whether the draft decree submitted by the plaintiffs should be settled and approved by the court.
Final Decision
Draft decree settled; plaintiffs' advocate directed to file engrossed copy within one week; office directed to issue decree of order dated 1st September 2017 as per approved draft; matter closed.
Law Points
- Settlement of draft decree
- correction of advocate's appearance
- consent decree
