Rahul Lakhwani vs Dulerai Prabhashankar Sompura ...
2022 Latest Caselaw 8462 Bom

                                                                    nmis 64-19..doc


LAXMI                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SUBHASH
SONTAKKE                          ORDINARY ORIGINAL CIVIL JURISDICTION
                                       NOTICE OF MOTION NO. 64 OF 2019
Digitally signed by
LAXMI SUBHASH
SONTAKKE
Date: 2022.08.29
17:12:17 +0530
                                                        IN
                                      INSOLVENCY NOTICE NO. 53 OF 2019




                      Duleria P. Sompura & Ors.                  ..Applicants/Judg. Debtors
                      Exparte:
                      Rahul Lakhwani                             ..Respondent/Judg. Creditor



                      Mr.Karl Tamboly a/w Akshay Vani i/b. MLS Vani & Associates for
                      the Judgment Creditor.
                      Mr. Rohaan Cama a/w Anilkumar Patil & Sonal Rajput i/b. Jitendra
                      Gaikwad for Judgment Debtors.
                      Mr. D. R. Talekar, i/c Insolvency Registrar is present.

                                                     CORAM:- B. P. COLABAWALLA,J.

DATE :- AUGUST 26, 2022.

P. C.:

1. The present Notice of Motion has been filed in Insolvency

Notice No. 53 of 2019 taken out by one Mr. Rahul Lakhwani who is the

Respondent to the present Notice of Motion. By the Insolvency Notice

taken out by Respondent herein, the Respondent sought payment of a

sum of Rs. 14,60,783/- from the Applicant pursuant to (i) Consent

Terms dated 23rd November, 2016 executed between the parties and

Laxmi page 1 of 3 nmis 64-19..doc

(ii) an Agreement of Permanent Alternate Accommodation which was

executed on 17th May, 2019.

2. The parties, in course of proceedings, have arrived at an

amicable settlement to resolve all pending disputes and have requested

the court to record the same as under:

i. The Applicants shall pay to the Respondent a sum of Rs.

23,00,000/- (Twenty Three Lakhs only) on or before 2 nd

September, 2022 by way of Cheque No. 000256 drawn on Kotak

Mahindra Bank, Mumbai, in full and final settlement of all claims

under the Consent Terms and in terms of the Permanent

Alternate Accommodation Agreement, upto 22nd September,

2022. The Applicants undertake to this Court that the aforesaid

cheque shall be honoured when presented for payment. The said

undertaking is accepted. It is clarified that this order will not

affect any claims of the Respondents which they may have for the

period subsequent to 22nd September, 2022.

ii. The present Notice of Motion No.64 of 2019 accordingly stands

disposed of, the abovesaid Insolvency Notice No. 53 of 2019

stands discharged, and the Contempt Petition No. 160 of 2019,

Laxmi page 2 of 3 nmis 64-19..doc

upon above payment being made by the Applicants to the

Respondent, shall stand dismissed.

iii. Upon the above payment being made, neither side shall have any

claims against each other, whether for adjustment or otherwise, in

respect of any payment for the period prior and upto 22 nd

September, 2022.

iv. This order shall not be treated as a precedent in any other matter.

3. This order will be digitally signed by the Private

Secretary/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. )




Laxmi                                                               page 3 of 3