Bombay High Court
Vipin Sanklecha And Anr vs Suntech Realty Ltd on 10 August, 2022
Bench: B.P. Colabawalla
10-EXA(L)-1142-2018.doc
GANESH
SUBHASH
LOKHANDE
Digitally signed by
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GANESH SUBHASH
LOKHANDE
Date: 2022.08.10
ORDINARY ORIGINAL CIVIL JURISDICTION
18:12:45 +0530
EXECUTION APPLICATION (L) NO. 1142 OF 2018
Vipin Sanklecha & Anr. .. Plaintiffs
Vs.
Sunteck Reality Ltd. .. Defendant
WITH
INTERIM APPLICATION (L) NO. 26255 OF 2021
IN
EXECUTION APPLICATION (L) NO. 1142 OF 2018
Vipin Sanklecha & Anr. .. Applicants
(Org. Decree Holders)
IN THE MATTER BETWEEN:
Vipin Sanklecha & Anr. .. Decree Holders
Vs.
Sunteck Reality Ltd. .. Judgment Debtor
AND
Newstar Realty LLP's & Ors. .. Respondents
WITH
CHAMBER SUMMONS NO. 779 OF 2018
IN
EXECUTION APPLICATION (L) NO. 1142 OF 2018
Vipin Sanklecha & Anr. .. Applicants
(Org. Plaintiffs)
Ganesh Lokhande page 1 of 4
10-EXA(L)-1142-2018.doc
IN THE MATTER BETWEEN:
Vipin Sanklecha & Anr. .. Plaintiffs
Vs.
Sunteck Reality Ltd. .. Defendant
Dhrumil C. Shah a/w. Mahir Shah i/b. Lex Services for the Decree
Holders.
Tejashree Sarvaiya i/b. Wadia Ghandy & Co. for Judgment Debtor.
Mrs. Parul Merchant on behalf of the Judgment Debtor is present.
Mr.Vipin Kumar Sanklecha is present in Court.
Mr.Vaishali Vipin Sanklecha is present in Court.
CORAM:- B. P. COLABAWALLA,J.
DATE :- 10th AUGUST, 2022.
P. C.:
1. When the above matter is called out, the parties have
tendered the Consent Terms. The learned advocate appearing on behalf
of the Decree Holders as well as the learned advocate appearing on
behalf the Judgment Debtor has stated that the Consent Terms dated
10th August, 2022 executed between the parties settles all the disputes
between them and the Execution Application as well as all interlocutory
applications therein can be disposed of in terms of the Consent Terms.
Ganesh Lokhande page 2 of 4
10-EXA(L)-1142-2018.doc
2. The Consent Terms have been signed by Decree Holder
No.1 and Decree Holder No.2. They are both present in Court today.
They have stated before the Court that they have signed the Consent
Terms after reading and understanding the same as well as the
implications thereof. Similarly, the Consent Terms are also signed by
the authorised signatory of the Judgment Debtor. The authorised
signatory, Mrs. Parul Merchant [who has been authorised by the
Judgment Debtor to sign the Consent Terms pursuant to a resolution
passed on 21st July, 2022], is also present before the Court today. She
has stated that she has signed the Consent Terms on behalf of the
Judgment Debtor after reading and understanding the same as well as
the implications thereof.
3. The Consent Terms are also signed by the advocates for the
Decree Holders and the advocates for the Judgment Debtor.
4. In these circumstances, the Consent Terms dated 10 th
August, 2022 are taken on record and marked "X" for identification. The
undertakings given in the Consent Terms, if any, are accepted as
undertakings given to the Court. There shall be an order in terms of the
Consent Terms and the Execution Application is also disposed of in
terms of the Consent Terms.
Ganesh Lokhande page 3 of 4
10-EXA(L)-1142-2018.doc
5. In view of the disposal of the Execution Application,
nothing survives in Chamber Summons No. 779 of 2018 and Interim
Application (L) No. 26255 of 2021 [wrongly mentioned as IA No. 26255
of 2021 in the Consent Terms] and the same are disposed of
accordingly.
6. This order will be digitally signed by the Personal Assistant
of this Court. All concerned will act on production by fax or email of a
digitally signed copy of this order.
( B. P. COLABAWALLA, J. )
Ganesh Lokhande page 4 of 4
