2023:BHC-OS:2424
20-IA (L) 35672.2022 in EXA (L) 2329.2018.doc
K.S. Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.35672 OF 2022
IN
EXECUTION APPLICATION (L) NO.2329 OF 2018
Akhtarbhai Abdullabai (since deceased) ...Applicants/
through his legal heirs : Decree Holders
(a) Memuna Akhtarhussain Abdullabhai (Original Respondent
(since deceased ) & Ors., Nos.4a to 4d)
In the matter between :
Mohammed Hussain Abdullabhai ...Judgment Debtors
(since deceased) though his legal heirs : (Original Claimant
(a) Zulfikar Mohammed Hussain Nos.1a to 1d)
Kagalwala & Ors.,
Versus
Taherbhai Abdullabhai & Ors., ...Respondents/
Judgment Debtors
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Ms. Vijaya Ingule a/w Mr. Rupesh Mandhare i/b Sean Wasoodew,
Advocate for Applicants/Claimants.
Mr. Anupam Surve a/w Mr. Nikhil Mutha i/b Nanu Hormasjee & Co.,
Advocate for Respondent No.1.
Mr. Vishal Hegde, Advocate for Respondent No.1(a).
Mr. Prashant Pandey a/w Mr. Dinesh Jadhwani a/w A.Z. Memon i/b
W3Legal LLP, Advocate for Respondent Nos. 1(b) to 1(d).
Mr. Arun Mehta i/b Akshar Laws for Respondent Nos. 2(a), 2(c),
3(a), 3(c), 6(a) & 7.
Mr. Tanmay Karmarkar, Advocate for Respondent Nos. 5(a) to 5(c).
Mr. Taherbhai Abdullabhai through POA holder Mr. Mustan
Kagalwala present.
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20-IA (L) 35672.2022 in EXA (L) 2329.2018.doc
CORAM : R.I. CHAGLA J.
DATE : 3RD APRIL, 2023.
ORDER :
1. The parties have entered into Consent Terms which is tendered bearing today's date and taken on record and marked 'X' for identification. The Consent Terms have been signed by the Applicant Nos. 1(b) to 1(d) and their Advocates. The Applicant No.1(a) has expired and accordingly, her name has been deleted. The amendment has been carried out.
2. The Consent Terms have also been executed by Respondent Nos. 1, 2(a) to 2(c) and 3(a) to 3(c), Respondent Nos.6(a) and 7 and their respective Advocates. The Consent Terms have been filed in the above Interim Application. This is in view of the settlement between the parties for amount of Rs.25 Lakh which was deposited in this Court by Respondent No.1 in Court Receiver's Report No.12 of 2017 to be released to Applicant No.1(b) and Respondent No.2(c). The parties have agreed that Applicant Nos. 1(b) and 2(c) will deposit the amount so released in a Bank Account to be opened in the joint name. The said amount of Rs.55 Lakh so deposited will be utilized for undertaking critical repairs of Fida Building as set out in Annexure - A to the Consent Terms. Any unutilised amount to be 2/4 ::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 07:18:10 ::: 20-IA (L) 35672.2022 in EXA (L) 2329.2018.doc paid to the Respondent No.1 alongwith interest. Any further amount required for repairs for Fida Building over and above Rs.25 Lakh shall be contributed by the Applicant and Respondent No. 1, 2(a) to 2(c), 3(a) to 3(c), 6(a) and 7 in proportion to their ownership percentage in the said building. The balance amount out of the sum of Rs.55 Lakh together with interest that has accrued thereon shall be returned to Respondent No.1.
3. The payments under Clause 1 of the Consent Terms is to be made forthwith by prematurely encashing fixed deposit/s, if any.
4. I am satisfied that the Consent Terms are in order, not contrary to law and have been drawn by the parties of their own volition in reflection of their true intentions.
5. The undertakings, if any, in the Consent Terms being accepted as undertakings to the Court.
6. The Interim Application (L) No. 35672 of 2022 is disposed of in accordance with Consent Terms.
7. The Applicants in view of these Consent Terms applies for withdrawal of Contempt Petition (L) No.9145 of 2022 pending before 3/4 ::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 07:18:10 ::: 20-IA (L) 35672.2022 in EXA (L) 2329.2018.doc this Court unconditionally.
8. Accordingly, Contempt Petition (L) No.9145 of 2022 is disposed of as withdrawn.
9. The parties have agreed that they do not have any claim against each other in respect of Fida Building and repairs of the same and the same if any stands withdrawn and / or cancelled.
10. Interim Application is disposed of in accordance with the Consent Terms.
11. A soft copy of the Consent Terms will be uploaded as the second order in the matter.
12. The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course.
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