Bombay High Court
Pearl Chesson vs Sean Paul Lawrence on 3 February, 2022
Bench: B.P. Colabawalla
1.ia.1390.20..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 1390 OF 2020
ANJALI Digitally signed by
ANJALI TUSHAR
IN
TUSHAR
CHAMBER SUMMONS NO.646 OF 2019
ASWALE
Date: 2022.02.04
ASWALE 16:55:13 +0530
IN
EXECUTION APPLICATION NO. 1827 OF 2018
IN
PERSONAL STATUS APPEAL NO. 147 OF 2011
WITH
EXECUTION APPLICATION NO. 1827 OF 2018
IN
PERSONAL STATUS APPEAL NO. 147 OF 2011
Sean Paul Lawrence ..Applicant/Orig.Judgment Debtor
IN THE MATTER BETWEEN
Pearl Chesson ..Decree Holder/Orig.Applicant
Vs.
Sean Paul Lawrence ..Judgment Debtor/
Respondent/Orig.Defendant
Mr.Jaideep K. Mitra a/w Swati Chaurasia, for the Ori.Applicant/Decree
Holder.
Mr.Zubin Behram Kamdin i/b Alisha Pinto, for the Applicant-Orig.
Respondent-Judgment Debtor.
Ms. Pearl Chesson, Decree Holder is present through VC.
Mr. Sean Paul Lawrence, Judgment Debtor is present through VC.
CORAM:- B. P. COLABAWALLA,J.
DATE :- FEBRUARY 3, 2022.
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1.ia.1390.20..doc
P. C.:
When the above matters are called out, I am informed that
the disputes in the present Execution Application are settled as recorded
in the Consent Terms dated 19 th January, 2022. The Consent Terms
have been signed by the Decree Holder (Ms.Pearl Chesson) as well as
the Judgment Debtor (Mr. Sean Paul Lawrence). The Decree Holder as
well as the Judgment Debtor are present before the Court today through
a VC hearing. Both have stated that they have signed the Consent
Terms after reading and understanding the same as well as the
implications thereof. They have requested the Court to dispose of the
above Execution Application in terms of these Consent Terms.
2 The Consent Terms have been signed by the advocates for
the Decree Holder as well as the advocates for the Judgment Debtor.
3 Considering the aforesaid circumstances, the Consent
Terms dated 19th January, 2022 are taken on record and marked "X" for
identification. The undertakings given in the Consent Terms are
accepted as undertakings given to the Court. There shall be an order in
terms of the Consent Terms.
4 Since Paragraph 7 of the Consent Terms contemplate that
Flat No.601, Magnolia Enclave, Nahar Amrit Shakti, Chandivali, 400
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1.ia.1390.20..doc
072 ("the said flat") will be sold by the Court Receiver as more
particularly set out in paragraph 7 of the Consent Terms, the Execution
Application is kept pending so as to enable the Court Receiver to take
the necessary steps as contemplated in paragraph 7 of the Consent
Terms. Liberty to the parties to apply.
5 In view of the fact that the disputes between the parties
have been settled as recorded in the above Consent Terms, Mr. Kamdin
stated that nothing survives in the above Interim Application No. 1390
of 2020 and hence sought leave to withdraw the same.
6 Considering the aforesaid statement, the Interim
Application No.1390 of 2020 is disposed of as withdrawn. No order as
to costs.
7 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. )
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