Lila Polymers Private Limited vs Varsha Corporation Limited
2022 Latest Caselaw 1906 Bom

GANESH
SUBHASH
LOKHANDE                                                                   2-EXA-249-2019.doc
Digitally signed by
GANESH SUBHASH
LOKHANDE
Date: 2022.02.24                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
17:03:13 +0530

                                        ORDINARY ORIGINAL CIVIL JURISDICTION

                                         EXECUTION APPLICATION NO. 249 OF 2019
                                                        ALONG WITH
                                           CHAMBER SUMMONS NO. 275 OF 2019

                      Lila Polymers Private Limited                           .. Applicant/
                                                                              Decree Holder
                                Vs.
                      Varsha Corporation Limited & Ors.                       .. Respondents/
                                                                              Judgment Debtors

                      Prachi Agarwal i/b. Law Offices of Divya Bahl for the Applicant.
                      Jagdish Tanna, Director of Applicant Company is present.
                      Shirish     S.     Jain,   Respondent   No.2     &   Director    of   Respondent
                      No.1/Judgment Debtor is present.

                                                    CORAM :- B. P. COLABAWALLA, J.

DATE :- 24th FEBRUARY, 2022.

P. C.:

1. When the above matter is called out, I am informed that the

parties have settled their disputes in the above Execution Application by

entering into the Consent Terms dated 11 th December, 2020.

2. The Consent Terms are signed by Mr. Jagdish Tanna, who

is the Director of the Applicant /Decree Holder. Mr. Tanna is present in

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Court today. He has stated before the Court that he has signed the

Consent Terms on behalf of the Applicant of his own free volition and

after reading and understanding the same as well as the implications

thereof.

2. The Consent Terms are also signed by Respondent No.3 /

Judgment Debtor. Respondent No.3 is also present in Court today. He

has stated that he has signed the Consent Terms of his own free will and

volition and after reading and understanding the same as well as the

implications thereof.

3. The Consent Terms have also been signed by Respondent

No. 2 / Judgment Debtor for himself as well as his capacity as a Director

of Respondent No.1. The Respondent No.2/Judgment Debtor is not

present in Court today. However, Respondent No.3, who is the son of

Respondent No.2, has stated before the Court that Respondent No.2 has

signed the Consent Terms in his presence and after reading and

understanding the same as well as the implications thereof.

4. The Consent Terms have also been signed by the advocates

for the Applicant/Decree Holder. Since, the Respondents / Judgment

Debtors have not engaged any advocate, there is no signature appended

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for the advocates for the Respondents/Judgment Debtors.

5. In these circumstances, the Consent Terms dated 11 th

December, 2020 are taken on record and marked "X" for identification.

The undertakings, if any, are accepted as undertakings given to the

Court.

6. The above Execution Application is disposed of in terms of

the Consent Terms. No order as to costs.

7. In view of the disposal of the Execution Application itself,

nothing survives in any of the interlocutory applications pending in the

Execution Application and the same are disposed of accordingly.

8. All parties to act on an authenticated copy of this order

digitally signed by the Personal Assistant /Private Secretary/Associate

of this Court.

                                           (B. P. COLABAWALLA, J.)




Ganesh Lokhande                             3/3