Bombay High Court
Naresh K. Chandra Huf vs Shubh Enterprises And 3 Ors on 21 December, 2022
Bench: B.P. Colabawalla
Digitally signed
by LAXMI
LAXMI SUBHASH
15 comex-11-21.doc
SONTAKKE
SUBHASH Date:
SONTAKKE 2022.12.24
19:06:46
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL EXECUTION APPLICATION NO. 11 OF 2021
IN
COMMERCIAL SUMMARY SUIT NO. 531 OF 2017
Naresh K. Chandra HUF .. Plaintiff
Vs.
M/s. Shubh Enterprises & Ors. .. Defendants
WITH
INTERIM APPLICATION (L) NO. 1497 OF 2022
IN
COMMERCIAL EXECUTION APPLICATION NO. 11 OF 2021
IN
COMMERCIAL SUMMARY SUIT NO. 531 OF 2017
WITH
CHAMBER ORDER (L) NO. 15293 OF 2021
IN
COMMERCIAL EXECUTION APPLICATION NO. 11 OF 2021
IN
COMMERCIAL SUMMARY SUIT NO. 531 OF 2017
M/s. Shubh Enterprises & Anr. .. Applicants/
(Org. Defendant)
In the matter between
Naresh K. Chandra HUF .. Plaintiff
Vs.
M/s. Shubh Enterprises & Ors. .. Defendants
Ms. Sheetal Shah i/b Mehta & Girdharlal for the Applicant/Decree Holder.
Padmashri K. i/b Promod Kumbhar for the Respondents.
Laxmi page 1 of 4
15 comex-11-21.doc
Mr. Nresh Chandra, KARTA of Decree Holder is present in Court.
Mr. Uday Surve, Partner of Defendant No. 1 is Present.
CORAM:- B. P. COLABAWALLA, J.
DATE :- DECEMBER 21, 2022.
P. C.:
1. When the above Execution Application is called out, I am
informed that the Plaintiff and Defendant Nos. 1 and 3 have filed
Consent Terms dated 21st December, 2022. Under these Consent terms,
Defendant Nos. 1 and 3 have undertaken, to pay to the Plaintiff a sum of
Rs. 75,00,000/- in the manner more particularly set out in paragraph 3
of the Consent Terms
2. To put it in a nutshell, a sum of Rs. 10,00,000/- have been
paid by virtue of a pay order which has been handed over in Court
today. The balance amount of Rs. 65,00,000/- is to be paid on or before
28th February, 2023. If there is a breach of this undertaking, the
consequences are also set out in the Consent Terms.
3. The Consent Terms have been signed by Mr. Naresh
Chandra on behalf of Plaintiff who is present in court today. He has
stated before the Court that he has signed the Consent terms after
reading and understanding the same as well as the implications thereof.
Laxmi page 2 of 4
15 comex-11-21.doc
4. The Consent Terms have also been signed by Mr. Uday
Surve for himself as Defendant No.3 as well as on behalf of Defendant
No.1. He is present in Court today and has stated before the Court that
he has signed the Consent Terms after reading and understanding the
same as well as the implications thereof.
5. The Consent Terms are also signed by the advocates for the
Plaintiff/Decree Holder and the advocates for Defendant/Judgment
Debtor Nos. 1 and 3.
6. In these circumstances, the Consent Terms dated 21 st
December, 2022 are taken on record and marked "X" for identification.
There shall be an order in terms of the Consent Terms and the
Execution Application as well as all the Interim Application therein shall
stand disposed of in terms thereof. No order as to costs.
7. In the event, there is a breach committed of these Consent
Terms, the above Execution Application as well as all the Interim
Applications therein shall stand revived and the Plaintiff shall be
entitled to execute these Consent Terms in the above Execution
Application in accordance with law.
8. Considering the amount of Rs. 65,00,000/- has to be paid
Laxmi page 3 of 4
15 comex-11-21.doc
on or before 28th February 2023, though, the above Execution
Application as well as all the Interim Applications therein are disposed
of, place the above Execution Application on board on 6 th March, 2023
for compliance.
9. In view of disposal of the Execution Application and the
Interim Application, nothing survives in the Chamber Order and the
same is disposed of accordingly.
10. 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 4 of 4
