M/S. Y.T. Capital Pvt. Ltd vs Anjum Rizvi
2021 Latest Caselaw 5103 Bom

                                                         41-CHSCD-150-17-I.doc

Sharayu Khot.
              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 ORDINARY ORIGINAL CIVIL JURISDICTION

          COMMERCIAL EXECUTION APPLICATION NO. 82 OF 2017
                                       WITH
            COMMERCIAL CHAMBER SUMMONS NO. 150 OF 2017
                                         IN
          COMMERCIAL EXECUTION APPLICATION NO. 82 OF 2017


     M/s. Y.T. Capital Private Limited                     ...Applicant/
                                                           Plaintiff

             Versus

     Anjum Rizvi & Anr.                                    ...Respondents

                                      ----------
     Mr. Aurup Dasgupta a/w Ms. Jinal Vani i/by M/s. Jhangiani
     Narula & Associates for the Applicant.
                                      ----------

                                       CORAM :          R.I. CHAGLA J

                                      DATE         :    22 March 2021

     ORDER :

1. Heard the learned Counsel for the Applicant.

2. Learned Counsel for the Applicant on instructions

submits that the Execution Application does not survive, in

view of Consent Terms being entered into between the

Applicant/Claimant and the Judgment-Debtors/Respondents in

41-CHSCD-150-17-I.doc

Civil Application No. 319 of 2019 and which has been accepted

by order dated 26th July 2019. He submits that in view of the

matter having been settled, nothing survives in the Execution

Application and he seeks permission to withdraw the Execution

Application.

3. Accordingly, as the matter has been settled between

the Applicant/Claimant and Judgment-Debtors/Respondents,

the Applicant is permitted to withdraw the Execution

Application.

4. The Execution Application is disposed of as

withdrawn.

5. Needless to state that in view of disposal of the

Execution Application, the Chamber Summons No. 150 of 2017

does not survive and is accordingly, disposed of.

[R.I. CHAGLA J.]

Note: This order is corrected as per Speaking to Minutes of Order dt.31.03.2021.