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L19.
ORIGmAL
I
Fulton County Superior Courzt
I
w
Bgtggifiiéflfl
Cat een nson, Clerk
’DC'ZO " 0551/?” C-58th
- :
.
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zuzurasim pH
1N THE SUPERIOR COURT OF FULTON COUNTY 1,; [,2
AMERIS BANK,
corporation,
Plaintiff,
a Georgia banking
STATE 0F GEORGIA
)
)
)
)
)
Civil Action
KA
WY
N0. 2019CV320086
5-5“ch
LHS Cm
Pm:
DADISIRICT CLE'R‘R
iEXAS
V. )
)
KISHOR BHIKHA, an individual, )
)
Defendant. )
)
CONSENT JUDGMENT
This matter came before the Court on that celtain Motion for Final Summary Judgment
for Damages (the "Motion") filed by the Plaintiff, Ameris Bank ("Ameris"), on or about June 26,
2019, as supplemented by and through that certain Notice of Filing Supplemental Affidavit of
Leo M. Story in Support of Plaintiffs Motion for Final Summary Judgment for Damages and
Request for Leave to Allow Supplemental Affidavit filed on or about December 29, 2019 (the
"Supplementation"), which such Supplementation was stipulated t0 by and through that certain
Stipulation to Plaintiffs Request for Leave to Allow Supplemental Affidavit in Support of
Plaintiffs Motion for Final Summary Judgment forDamages, between counsel for Ameris and
the Defendant, Kishor Bhikhfi (the "Defendant"). The Court having been advised of the
agreement of Ameris and the Defendant to the entry ofjudgment as provided below, the Court
hereby enters this final judgment in the case and finds as follows:
1. The Motion is hereby granted. Defendant has advised the Court that he waives all
defenses to the Motion, and consents to the relief sough in the Motion and Supplementation.
Ameris and the Defendant (collectively, the "Parties") have waivecl’.-trial
2. by the
court or by jury and have consented to entry of this Consent Judgment.
5 1687832;l
3. The Parties have agreed that Ameris shall have judgment against the Defendant,
in the amount of $1,579,421.25 as an agreed, liquidated sum comprised of Ameris' claims
against Defendant, as set forth in the Motion and Supplementation. Said amount is compu'sed of
$1,528,426.26 in principal, $11,590.74 in accrued and unpaid interest as of January 21, 2020,
$500.00 in late charges under the Loan Documents, and $38,904.25 in agreed attorneys' fees and
costs (which Defendant stipulates as reasonable attomeys' fees and costs, and this Court finds
reasonable under the circumstances).
4. Having resolved all pending claims between Ameris and the Defendant remaining
for adjudication in this matter, the Court hereby orders that judgment be entered in favor of the
Ameris against the Defendant in the total amount of $1,579,421 .25., plus post—judgment interest
as provided by law.
5. This being a consent judgment, execution may issue immediately upon entry
hereof.
For the reasons set forth above, IT IS HEREBY ORDERED AND ADJUDGED that
Judgment is entered in favor of Ameris Bank, and against Kishor Bhikha, in the amount of
$1,579,421.25, plus post—judgment interest as provided by law.
so ORDERED, this 27th day of January, 2020.
Shukura
W I. Millender
Judge, Superior Court of Fulton County, State of Georgia
5 1 687832; l
By executing below, the Parties, by and through their undersigned counsel, hereby advise
the Comt that they consent to enh'y of the foregoing Judgment:
MCBRYAN, LLC AKERMAN LLP
/s/L0uis G.McBrvan (affixed with permission) /s/Aleksas A. Barauskas
Louis G. McBryan, Ga. Bar No. 480993 Aleksas A. Barauskas
6849 Peachtree Dunwoody Road Georgia Bar No. 590129
Building B-3, Suite 100 E—Mail: aleksas.barauskas@akerman.com
Atlanta,GA 30328 AKERMAN LLP
(678) 733-9322 Telephone 50 N. Laura St., Suite 3100
(678) 498-2709 Facsimile Jacksonville, FL 32202
1mcbryan@mcbryanlaw.com Tel: 904-798—3700; Fax: 904-798-730
Attorneys for Defendant Kishor Bhikha Attorneys for Ameris Bank
51687832;l
v‘“é%
[?ggxo R N
GEORGIA, FULTON COUNTY
hgby certify
I,
that
Cathelene Robinson, Clerk of the Superior Court
I have compared the foregoing copy of
ch f Fulto County, do
5.2008
with the original record thereof, now remaining in this office, and the same is a correct
transcript therefrom, and of the whole of such original record, and that said Court ls a
Court of Record. IN TESTIMON WHEREOF, I have hereunto set my hand and- affixed
the seal of said Court this the _u_ ay of » ~
Superior (E5131 Juvdge, Fulton County, Georgia
GEORGIA, Fulton County
I,Cathelene Robinson, Clerk of the Superior Court in and for said County, hereby
above attestation of Honorable, Christopher S. Brasher, Chief Judge of
certify that the
the Superior Court of Fulton County, Georgia, is his genuine signature, and that he/she is
Judge of said Court, and said certificate is in due
MFA
fon%of law.
2020
%m
Given under my hand and seal of office this the u ......
fl
Clerk of Superior Court,
Z}
Futton County, Georgla
\
Z
‘
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L19. ORIGmAL I Fulton County Superior Courzt I w Bgtggifiiéflfl Cat een nson, Clerk ’DC'ZO " 0551/?” C-58th - : . _ zuzurasim pH 1N THE SUPERIOR COURT OF FULTON COUNTY 1,; [,2 AMERIS BANK, corporation, Plaintiff, a Georgia banking STATE 0F GEORGIA ) ) ) ) ) Civil Action KA WY N0. 2019CV320086 5-5“ch LHS Cm Pm: DADISIRICT CLE'R‘R iEXAS V. ) ) KISHOR BHIKHA, an individual, ) ) Defendant. ) ) CONSENT JUDGMENT This matter came before the Court on that celtain Motion for Final Summary Judgment for Damages (the "Motion") filed by the Plaintiff, Ameris Bank ("Ameris"), on or about June 26, 2019, as supplemented by and through that certain Notice of Filing Supplemental Affidavit of Leo M. Story in Support of Plaintiffs Motion for Final Summary Judgment for Damages and Request for Leave to Allow Supplemental Affidavit filed on or about December 29, 2019 (the "Supplementation"), which such Supplementation was stipulated t0 by and through that certain Stipulation to Plaintiffs Request for Leave to Allow Supplemental Affidavit in Support of Plaintiffs Motion for Final Summary Judgment forDamages, between counsel for Ameris and the Defendant, Kishor Bhikhfi (the "Defendant"). The Court having been advised of the agreement of Ameris and the Defendant to the entry ofjudgment as provided below, the Court hereby enters this final judgment in the case and finds as follows: 1. The Motion is hereby granted. Defendant has advised the Court that he waives all defenses to the Motion, and consents to the relief sough in the Motion and Supplementation. Ameris and the Defendant (collectively, the "Parties") have waivecl’.-trial 2. by the court or by jury and have consented to entry of this Consent Judgment. 5 1687832;l 3. The Parties have agreed that Ameris shall have judgment against the Defendant, in the amount of $1,579,421.25 as an agreed, liquidated sum comprised of Ameris' claims against Defendant, as set forth in the Motion and Supplementation. Said amount is compu'sed of $1,528,426.26 in principal, $11,590.74 in accrued and unpaid interest as of January 21, 2020, $500.00 in late charges under the Loan Documents, and $38,904.25 in agreed attorneys' fees and costs (which Defendant stipulates as reasonable attomeys' fees and costs, and this Court finds reasonable under the circumstances). 4. Having resolved all pending claims between Ameris and the Defendant remaining for adjudication in this matter, the Court hereby orders that judgment be entered in favor of the Ameris against the Defendant in the total amount of $1,579,421 .25., plus post—judgment interest as provided by law. 5. This being a consent judgment, execution may issue immediately upon entry hereof. For the reasons set forth above, IT IS HEREBY ORDERED AND ADJUDGED that Judgment is entered in favor of Ameris Bank, and against Kishor Bhikha, in the amount of $1,579,421.25, plus post—judgment interest as provided by law. so ORDERED, this 27th day of January, 2020. Shukura W I. Millender Judge, Superior Court of Fulton County, State of Georgia 5 1 687832; l By executing below, the Parties, by and through their undersigned counsel, hereby advise the Comt that they consent to enh'y of the foregoing Judgment: MCBRYAN, LLC AKERMAN LLP /s/L0uis G.McBrvan (affixed with permission) /s/Aleksas A. Barauskas Louis G. McBryan, Ga. Bar No. 480993 Aleksas A. Barauskas 6849 Peachtree Dunwoody Road Georgia Bar No. 590129 Building B-3, Suite 100 E—Mail: aleksas.barauskas@akerman.com Atlanta,GA 30328 AKERMAN LLP (678) 733-9322 Telephone 50 N. Laura St., Suite 3100 (678) 498-2709 Facsimile Jacksonville, FL 32202 1mcbryan@mcbryanlaw.com Tel: 904-798—3700; Fax: 904-798-730 Attorneys for Defendant Kishor Bhikha Attorneys for Ameris Bank 51687832;l v‘“é% [?ggxo R N GEORGIA, FULTON COUNTY hgby certify I, that Cathelene Robinson, Clerk of the Superior Court I have compared the foregoing copy of ch f Fulto County, do 5.2008 with the original record thereof, now remaining in this office, and the same is a correct transcript therefrom, and of the whole of such original record, and that said Court ls a Court of Record. IN TESTIMON WHEREOF, I have hereunto set my hand and- affixed the seal of said Court this the _u_ ay of » ~ Superior (E5131 Juvdge, Fulton County, Georgia GEORGIA, Fulton County I,Cathelene Robinson, Clerk of the Superior Court in and for said County, hereby above attestation of Honorable, Christopher S. Brasher, Chief Judge of certify that the the Superior Court of Fulton County, Georgia, is his genuine signature, and that he/she is Judge of said Court, and said certificate is in due MFA fon%of law. 2020 %m Given under my hand and seal of office this the u ...... fl Clerk of Superior Court, Z} Futton County, Georgla \ Z ‘