Citation : 2022 Latest Caselaw 129 Bom
Judgement Date : 4 January, 2022
1. IAL 22694-21.docx
LAXMI
SUBHASH
SONTAKKE
Digitally signed by
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
LAXMI SUBHASH
SONTAKKE
Date: 2022.01.04
17:41:57 +0530
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 22694 OF 2021
IN
COMM. EXECUTION APPLICATION (L) NO. 22692 OF 2021
IN
COMMERCIAL SUMMARY SUIT NO. 4 OF 2020
Bhagwan Thadhani @ Bhagwan Thadani ...Applicant
AND
INTERIM APPLICATION (L) NO. 27999 OF 2021
IN
COMM. EXECUTION APPLICATION (L) NO. 22692 OF 2021
IN
COMMERCIAL SUMMARY SUIT NO. 4 OF 2020
Vistra ITCL Pvt. Ltd. ...Applicant
AND
INTERIM APPLICATION (L) NO. 29149 OF 2021
IN
COMM. EXECUTION APPLICATION (L) NO. 22692 OF 2021
IN
COMMERCIAL SUMMARY SUIT NO. 4 OF 2020
Tridhaatu Asset Holding LLP & Anr. ...Applicants
IN THE MATTER BETWEEN
Bhagwan Thadhani @ Bhagwan Thadani ...Applicant/
Judgment Creditor
Versus
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1. IAL 22694-21.docx
Tridhaatu Asset Holding LLP & Anr. ... Judgment Debtor/
Original Defendants
......
Mr. Zal Andhyarujina, Senior Counsel with Chirag Kamdar, Karan Bhide,
Nanki Grewal & Manasi Joglekar i/b Wadia Ghandy & Co. for the
Applicant Vistra (ITCL) Pvt. Ltd.
Dr. Birendra Saraf, Senior Counsel with Vaibhav Charalwar, Mr. Murtuza
Federal, Sougat Pati and Sudarshan Satalkar i/b Federal & Co. for the
Applicant/Judgment Creditor.
Mr. Abhishek Salian i/b Vidhii Partners for Judgment Debtor.
Mr. Govind Krishnan Muthukumar representative of Judgment Debtor is
present through V.C.
Mrs. Anita Mishra, representative of Judgment Debtor is present in
Court.
.....
CORAM : B.P. COLABAWALLA, J.
DATE : 04th JANUARY, 2022
P.C.:
1. When this matter is called out, the parties have tendered
Consent Minutes of Order dated 4th January 2022. The Consent Minutes
of Order have been signed by the Advocates for the Judgment Creditor,
Advocates for the Applicants in Interim Application (L) No. 27999/2021,
as well as the Advocates for the Judgment Debtors.
2. Independently, the Judgment Debtors have tendered
undertakings of Dhananjay Anand Sandu, Pritam Suryaprasad Chivukula
and Govind Krishnan Muthukumar who are the designated partners of
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1. IAL 22694-21.docx
the Judgment Debtors. In these undertakings, the aforesaid persons have
undertaken to pay to the Judgment Creditor the sum of Rs. 20 Crores.
3. In these circumstances, the Consent Minutes of Order are
taken on record and marked 'X' for identification. There shall be an order
in terms of the Consent Minutes of Order. The undertakings given in the
Consent Minutes of Order are accepted as undertakings given to the
Court. For the sake of convenience and so that there is no dispute in the
future, a scanned copy of the Consent Minutes of Order are appended to
this order.
4. The undertakings given by the aforesaid three persons
mentioned earlier are also taken on record and marked "X-1", "X-2" and
"X-3" for identification, respectively.
5. List the above Interim Applications on board on 2nd
February 2022 along with the above Execution Application to report
compliance.
6. It is needless to clarify that the ad-interim orders passed in
the above Interim Application (L) No. 22694 of 2021 shall continue till
further orders.
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1. IAL 22694-21.docx
7. 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.)
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