Citation : 2021 Latest Caselaw 14385 Bom
Judgement Date : 4 October, 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
[ COMMERCIAL DIVISION ]
COMMERCIAL EXECUTION APPLICATION NO.58 OF 2017
ALONG WITH
CHAMBER SUMMONS NO.992 OF 2019
ALONG WITH
CHAMBER SUMMONS NO.706 OF 2017
Global Asia Venture Company .. Org. Applicant-Decree Holder
Vs.
Arup Parimal Deb and Ors. .. Org. Respondents-Judg. Debtors
ALONG WITH
CHAMBER SUMMONS NO.66 OF 2016
IN
COMMERCIAL EXECUTION APPLICATION NO.58 OF 2017
Arup Parimal Deb and Ors. .. Applicants-Org. Respondents
In the matter between
Global Asia Venture Company .. Org. Applicant-Decree Holder
Vs.
Arup Parimal Deb and Ors. .. Org. Respondents-Judg. Debtors
Mr. Vyapak Desai, i/by Nishith Desai Associates, for the Original Applicant-
Decree Holder-Judgment Creditor.
Ms. Jyoti Sinha, with Mr. Raj Panchmatia and Mr. Haabil Vahanvati, i/by
Khaitan & Co., for the Applicants-Original Respondents-Judgment Debtors.
CORAM : A. K. MENON, J.
DATE : 4TH OCTOBER, 2021. P.C. :
1. Parties state that they have agreed to settle the claim of the judgment-
7-COMEX-58-2017.doc Dixit creditor. Both sides state that the matter is settled out of court. The
respondents/judgment-debtors have handed over a pay order today for the
amount agreed to be paid under the settlement.
2. Both the parties have agreed on modalities of settlement in Consent
Terms dated 31st August 2021. They have requested the court to take the
consent terms on record and to dispose the execution application.
Accordingly, at their request, I pass the following order :-
(i) Award shall be marked satisfied upon compliance with
the terms agreed between the parties, as per the consent
terms.
(ii) It is made clear that there is no separate order in terms
of the consent terms. Consent Terms are simply taken
on record for the purpose of recording mode of
satisfaction of the Award.
(iii) In view of the above, all interlocutory
applications/chamber summonses pending in the
Execution Application stand disposed as infructuous.
Interim order, if any, stand vacated.
(iv) Execution Application is disposed in the above terms.
(A.K. MENON, J.)
Digitally signed SNEHA by SNEHA ABHAY DIXIT 7-COMEX-58-2017.doc ABHAY Date:
DIXIT 2021.10.04 17:21:58 +0530 Dixit
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