Ravindranath R Shetty vs Shiv-Sneha Asso. And 2 Ors. And ...
2021 Latest Caselaw 9221 Bom

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       ORDINARY ORIGINAL CIVIL JURISDICTION
                        INTERIM APPLICATION NO. 785 OF 2020
                                        IN
                        CHAMBER SUMMONS NO. 1362 OF 2018
                                        IN
          COMMERCIAL EXECUTION APPLICATION NO. 248 OF 2019


Dinshah Darabshah Kerawalla Trust                 ...     Applicants
and Ors
In the matter between
Ravindranath R. Shetty                            ...     Judgment Creditor
         vs.
Shiv-Sneha Association and 2 Ors.                 ...     Judgment Debtors
                      and
Sheriff of Mumbai & Anr.                          ...     Respondents


Mr.H. N. Vakil a/w. Ms. Suzan Vakil i/b. M/s. Mulla & Mulla & CBC for the
Applicants.
Mr. Sanjay Jain a/w. Mr. Ishwar Nankani, Mr. Huzefa Khokhawala and Ms.
Gauri Memon i/b. M/s. Nankani & Associates for the Judgment Creditor.


                                            CORAM : A. K. MENON, J.

DATED : 14th JULY, 2021.

[THROUGH VIDEO CONFERENCE] P.C. :

1. Called for filing consent terms. Mr. Vakil on behalf of the applicant

and Mr. Nankani on behalf of the judgment creditor state that as between

their respective clients they have arrived at a workable settlement. They have

tendered consent terms. On behalf of the applicant the signatories are all

3-IA-785-2020-CHSCD-1362-2018.odt rrpillai said to have executed the terms dated 4 th June, 2021 in the presence of Mr.

Vakil, partner of the Advocates firm for the applicant. Mr. Nankani identifies

signatories on behalf of the plaintiff and confirms executing consent terms.

Accordingly, I pass the following order :

(i) There will be an order in terms of the consent terms

which is taken on record and marked 'X' for identification.

(ii) Interim Application no. 785 of 2020 is disposed in

the above terms.

Commercial Execution Application No. 248 OF 2019

1. Having disposed the above Interim Application No. 785 of 2020 Mr.

Nankani states that he has instructions to withdraw this Execution

Application. Mr. Nankani states that notice has been served to the Advocates

for the defendants. He undertakes to file affidavit of service. Mr. Nankani

therefore seeks leave to withdraw the Execution Application itself. In view

thereof I pass the following order :

(i) On the application of the judgment creditor

Execution Application No. 248 of 2019 is allowed to be

withdrawn.

(ii) Affidavit of service to be filed on or before 16 th July,

3-IA-785-2020-CHSCD-1362-2018.odt rrpillai

(iii) Sheriff is discharged subject to payment of costs,

charges and expenses payable, if any. Mr. Nankani

undertakes to ensure that payment is made within one

week from date of uploading the order.

(iv) In view of the disposal of the Execution Application,

Chamber Summons no. 1362 of 2018 also stands disposed.

              (v)      All interim orders stand vacated.


                                                                  (A. K. MENON, J.)

3-IA-785-2020-CHSCD-1362-2018.odt rrpillai