Bombay High Court
M/S. Ahuja Properties And ... vs Girdhari Prasad Ladia Huf on 18 January, 2021
Bench: Nitin W. Sambre
31.254.20 wpst.doc
ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO. 254 OF 2020
Ahuja Properties & Developers & Ors ....Petitioners
V/s.
Girdhari P. Ladia, HUF .....Respondent
WITH
WRIT PETITION (ST) NO. 255 OF 2020
Ahuja Properties & Developers & Ors ....Petitioners
V/s.
Pankaj Ladia, HUF .....Respondent
WITH
WRIT PETITION (ST) NO. 256 OF 2020
Ahuja Properties & Developers & Ors ....Petitioners
V/s.
Asha Pansari ....Respondent
WITH
WRIT PETITION (ST) NO. 258 OF 2020
Ahuja Properties & Developers & Ors. ....Petitioners
V/s.
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Sarvandevi Kainya (Since deceased) ....Respondents
through Legal Heir, Anil Kainya
WITH
WRIT PETITION (ST) NO. 264 OF 2020
Ahuja Properties & Developers & Ors. ....Petitioners
V/s.
Pravin Mukim, HUF ....Respondent
WITH
WRIT PETITION (ST) NO. 289 OF 2020
Ahuja Properties & Developers & Ors. ....Petitioners
V/s.
Rakesh Pansari ....Respondent
WITH
WRIT PETITION (ST) NO. 290 OF 2020
Ahuja Properties & Developers & Ors. ....Petitioners
V/s.
Pradeep Kumar Pansari, HUF ....Respondent
WITH
WRIT PETITION (ST) NO. 291 OF 2020
Ahuja Properties & Developers & Ors. ....Petitioners
V/s.
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Pradeep Kumar Pansari, HUF ....Respondent
WITH
WRIT PETITION (ST) NO. 292 OF 2020
Ahuja Properties & Developers & Ors. ....Petitioners
V/s.
Shambhu Dayal Gupta, HUF ....Respondent
WITH
WRIT PETITION (ST) NO. 294 OF 2020
Ahuja Properties & Developers & Ors. ....Petitioners
V/s.
Shambhu Dayal Gupta, HUF ....Respondent
WITH
WRIT PETITION (ST) NO. 293 OF 2020
Ahuja Properties & Developers & Ors. ....Petitioners
V/s.
Paridhi Pansari ....Respondent
WITH
WRIT PETITION (ST) NO. 305 OF 2020
Ahuja Properties & Developers & Ors. ....Petitioners
V/s.
Gaurishankar Jhalani ....Respondent
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WITH
WRIT PETITION (ST) NO. 306 OF 2020
Ahuja Properties & Developers & Ors. ....Petitioners
V/s.
Dolly Agarwal ....Respondent
Mr. Madhukar Mulay i/b Ms. Sabita Bhowmik for the Petitioners
Mr. Kunal Kumbhat i/b Ms. Sunanda Kumbhat for Respondents
CORAM : NITIN W. SAMBRE, J.
DATE: JANUARY 18, 2021.
P.C.:
1] In summary Suits for recovery of amount, on 05/05/2018,
parties reached to a settlement and accordingly consent terms were
tendered before, City Civil Court, Dindoshi.
2] Respondent to the Petition i.e. Decree-Holder initiated
proceedings for issuance of arrest warrant as consent terms were not
honoured.
3] As there remains dispute as regards the satisfaction of the
compromise decree, there are execution proceedings pending before
the Court below.
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4] On 08/11/2019, 80% decreetal amount was directed to be
deposited by the Judgment-debtor by the order of Executing Court.
5] So as to work out equity in between parties, this Court has
passed a detailed order on 17/01/2020 and I am informed that
Petitioner has made payment to the Respondent as agreed therein,
however, there is dispute as regards satisfaction of the compromise
decree.
6] This Court in the said order dated 17/01/2020 in para 11 has
observed thus:
"As noted above, learned counsel for the respondents has
disputed the correctness of the calculation done by the
learned counsel for the petitioners. Be that as it may, after
the entire payments are received by the respondents in
terms of the affdavits-cum-undertaking, the parties can
be relegated to the Executing Court to calculate the
amount in terms of the Consent Terms entered into
between the parties".
7] In the aforesaid background, it will be appropriate in my
31.254.20 wpst.doc
opinion particularly in the light of submissions canvassed by the
respective parties and consent extended, the parties are relegated to
Executing Court so that Executing Court shall look into the
calculations tendered by the Decree Holder and Judgment Debtor, so
as to reach to an appropriate decision as regards satisfaction of the
Decree.
8] All these Petitions stand disposed of in the above terms.
9] As a consequence of above, till then order of issuance of
warrant of arrest shall be kept in abeyance.
[NITIN W. SAMBRE, J.]
