Bombay High Court
M/S Sundaram Finance Ltd vs M/S A. One Handling Agency Srevice ... on 16 August, 2017
1 Sr.No.2/16-08- 2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
EXECUTION APPLICATION NO. 1458 OF 2012
ARBITRATION CASE NO.SK/SF/52 OF 2001
M/s.Sundaram Finance Ltd. .... Claimant.
V/s.
M/s.A One Handling Agency Services
& Anr. .... Respondents.
Ms.Jalpa Pithadia, i/b. S.I. Joshi & Co., Advocate for Claimant.
Ms.Kirti Petkar, i/b. MRK Law Associates, Advocate for Respondents.
Coram : K.K. Trivedi.
Commissioner for Taking Accounts
Date : 16th August, 2017.
CALLED FOR DIRECTIONS:
Advocate for Claimant is present today. She states that they have
served Defendants/Respondents and prays that this Office should
communicate upon Society in which the suit premises is situated for
furnishing necessary information.
Advocate for Respondents is also present. She submits that their
clients have instructed her to make statement that they have paid sum of Rs.7
lacs in addition to payment of Rs.2 lacs and Rs.1 Lac made earlier.
Thereafter, Advocate for Claimant has submitted that parties have
arrived at some kind of settlement duly signed by the parties. Zerox copy of
the said communication dated 16th March,2016 is placed in my hands.
Perusal of the said communication, suggests that Respondents have
agreed to pay a sum of Rs.15 lacs towards full and final settlement. By the
said settlement,payment of Rs.15 lacs was to be paid as under:-
Rs.2,00,000/- shall be paid forthwith., this was upon execution of the
undertaking and Rs.1,00,000/- will be paid on or before 30 th April, 2016.
The Advocate for Claimant has accepted that they have received the
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aforesaid amount and there is no dispute. As per the so called consent terms,
the Respondents were to pay balance sum of Rs.12,00,000/- in monthly
instalments i.e. Rs.1,00,000/- each, first of which was to be paid on 25 th day
of every month from 31st July, 2016, the same was to be paid every month till
entire amount is paid. She has further stated that they have only received
Rs.5,00,050/-.
Advocate for Respondents however contends that she has been
instructed by their client to make statement that in all sum of Rs.7,00,000/-
have paid which includes payment of Rs.2,00,000/- paid forthwith and
Rs.1,00,000/- paid on or before 30th April, 2016. This otherwise suggests that
they have paid four instalments from July, 2016.(However, these are all
statements, no documentary proofs are placed before me.). It is also
submitted by Advocate for Respondents that they have not received the
receipt for aforesaid payment.
In view thereof, I direct Advocate for Claimant to produce the details as
regards the payment received from the Defendants till date.
Advocate for Respondents is also directed to produce zerox copies of the
relevant documents on record of this Registry showing payments made by
their clients. Advocate for Respondents is also called upon to submit copy of
Vakalatnama on record of this Registry within a week from today to enable
this Office to show their name on the cause list.
Upon passing of the aforesaid directions, Advocate for Claimant further
submitted that as Respondents have defaulted in making payments, this
Office should proceed further and call information from the Society. However,
to my knowledge this cannot be done and it is surprising stand taken by
Advocate for the Claimant, on one hand they are settling the mater directly
with the Respondents without the knowledge of this Office and keeping this
Office in dark and on the other hand they want this Office to proceed further
as default is made by Respondent. However, this Office cannot accept such
actions of the Claimant and cannot proceed further in the matter. This
practise of Claimant that they have tried to settle the matter and as the same
has been breached by Respondents, they want this Office to proceed further,
cannot be accepted. In any event this Office will not proceed further in the
matter till Advocate for Claimant takes appropriate steps in the matter.
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Advocate for Claimant is directed to place all relevant documents on
record of this Office under an Affidavit duly affirmed by their client.
In view of the above, matter is adjourned to 13th September, 2017.
16-08-2017 Commissioner for Taking Accounts
