Bombay High Court
Mudhit Gupta And Anr vs Sussanne Khan on 7 May, 2021
Bench: R. I. Chagla
6-ial-11184-2021.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO.11184 OF 2021
IN
EXECUTION APPLICATION (L) NO.2508 OF 2018
Mudhit Gupta & Anr. ... Applicants
Sussanne Khan ... Judgment
Creditor
Versus
Mudhit Gupta & Anr. ...Respondents
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Ms. Pooja Tidke and Ms. Krushi N.B. for the Judg. Creditor /
Petitioner.
Minal Chandnani with Jairam Chandnani i/b. Lexim Associates
for the Applicant / Judgment Debtor (Ori. Respondents)
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CORAM : R.I. CHAGLA J.
DATE : 7TH MAY, 2021.
(V.C.)
ORDER :
1. Heard learned Counsel for parties.
2. By this Application the Applicants are seeking a
declaration that the period of restrictions / lockdown imposed
6-ial-11184-2021.doc
by Government of Maharashtra / Goa and India as force-
majeure. Further respective dates of payment as contained in
paragraph no.4 of Consent Minutes of Order be extended for a
period corresponding to period of restrictions / lockdown
imposed by Government of Maharashtra / Goa and India.
3. By an order of this Court dated 5th March, 2021 passed
by (Coram :- B.P. COLABAWALLA,J.) it was recorded that the
parties have tendered Consent Minutes of Order which were
really in the nature of the Consent Terms under which parties
had settled their disputes. It was further recorded that since
the amounts are being paid in an expeditious manner, the
Judgment Creditor has agreed to receive a lesser amount of
Rs.5,65,48,457.84 (settlement amount) in full and fnal
settlement of the arbitral award subject to the terms and
conditions more particularly set out in the Minutes of the
Order.
4. The learned Counsel for the Applicants has sought for
variation of clause 4 of the Consent Terms which is the
payment schedule since the deposit of Rs.50 lakhs which was to
be made within 30 days from the date of preceding payment i.e.
on 12th April, 2021 could not be made in view of the lockdown.
6-ial-11184-2021.doc
5. The learned Counsel for the Respondents has vehemently
opposed the application and has stated that the Applicant has
defaulted in making payment as per the payment schedule and
in view thereof the Respondents seeks to proceed with the
Execution Application (L) No.2508 of 2018 for execution of the
award.
6. Considering the submissions of the learned Counsel for
parties, it is clear from the perusal of order dated 5th March,
2021 that the minutes of order are in the nature of Consent
Terms by which the parties settled their disputes. Further, it is
made clear in paragraph 2 of the said order that with a view to
receive the amounts in an expeditious manner, the Judgment
Creditor has agreed to receive a lesser amount of
Rs.5,65,48,457.84 (settlement amount) in a full and fnal
settlement of the Arbitral award subject to the terms and
conditions more particularly set out in the Minutes of the
Order.
7. In view thereof, it is for the Respondents to consent to
any variation in the Minutes of the Order by extending the
respective dates of payment in the payment schedule contained
6-ial-11184-2021.doc
in clause 4 of the Consent Minutes of Order. It is further noted
that the Consent Minutes of the Order had been entered
between the parties during the Covid 19 pandemic and
therefore, it is now not open for the learned Counsel for the
Applicant to contend that the period of restriction / lockdown
imposed by Government of Maharashtra / Goa and India as
force-majeure. Considering that there is no consent of the
Respondents to the variation of Clause 4 of the Consent Terms,
there is no merit in the Interim Application and accordingly no
relief as sought for is required to be granted.
8. The Interim Application is accordingly dismissed with no
order as to costs.
9. The Execution Application (L) No.2508 of 2018 shall be
placed on board on 10th June, 2021.
[R.I. CHAGLA J.]
