Kirtikumar Shah Since Deceased ... vs Dhanji Developer
2022 Latest Caselaw 897 Bom

                                             5.IANo.28112021.doc




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                ORDINARY ORIGINAL CIVIL JURISDICTION

                INTERIM APPLICATION NO. 2811 OF 2021
                                IN
             EXECUTION APPLICATION (L) NO. 24198 OF 2021

Kirtikumar Shah
Since deceased Through L.H.
(I) Jyoti Kirtikumar Shah
(II) Chirag Kirtikumar Shah and
(III) Pooja Kirtikumar Shah & Anr...        Applicants

IN THE MATTER BETWEEN :
Kirtikumar Shah
Since deceased Through L.H.
(I) Jyoti Kirtikumar Shah
(II) Chirag Kirtikumar Shah and
(III) Pooja Kirtikumar Shah & Anr...        Applicants
         Vs.
Dhanji Developers                      ..   Respondent
                               WITH
              INTERIM APPLICATION (L) NO. 1761 OF 2022
                                IN
                INTERIM APPLICATION NO. 2811 OF 2021

Paresh Vasant Bambolkar                ..   Applicant
IN THE MATTER BETWEEN :
Kirtikumar Shah
Since deceased Through L.H.
(I) Jyoti Kirtikumar Shah
(II) Chirag Kirtikumar Shah and
(III) Pooja Kirtikumar Shah & Anr...        Applicants
         Vs.
Dhanji Developers                      ..   Respondent
                              ---------


Gaikwad RD                       1/4
                                            5.IANo.28112021.doc


Mr. Chirag Mehta i/b. Mr. Nisarg Mehta, Advocate for the
Applicants in IA/2811/2021.
Mr. Mandar Soman, Advocate for the Applicant in IAL/1761/
2022.
Mr. Anirudha h. Lad A/W. Mr. Ben Thomas i/b. KCT Law
Associates, Advocate for the Respondent in IA/2811/2021.
Mr. Chirag Shah, Representative of Applicants/Claimants is
present through Video Conferencing.
                             -----------
                        CORAM :- B.P.COLABAWALLA, J.

DATE :- 25th JANUARY 2022.

P. C.:

1. When the above matter is called out, the parties have

tendered the Consent Terms dated 24 th January, 2022, under

which the parties have settled their dispute as recorded therein.

The Consent Terms inter alia provide that the Respondents shall

pay Rs.19,63,000/- in three installments, and until the payments

are made, there would be an injunction in relation to Shop No.7.

2. As far as Flat No.1702 is concerned, the parties have

agreed that the injunction order passed in relation thereto shall

stand vacated. This has been agreed because the intervenor herein

is the purchaser of the said fat pursuant to a registered

Agreement for Sale dated 22nd June 2018.

Gaikwad RD 2/4

5.IANo.28112021.doc

3. The Consent Terms have been signed by Mr. Chirag

Kirtikumar Shah for himself as well as the Power of Attorney

holder for Jyoti Kirtikumar Shah and Pooja Kirtikumar Shah

respectively. Similarly, he has also signed the Consent Terms on

behalf of Mr. Hasmukh Shah as the Power of Attorney holder. Mr.

Chirag Shah is present before the Court through video

conferencing. He has stated that he has signed this Consent Terms

for himself as well as on behalf of the parties mentioned earlier

after reading and understanding the same as well as the

implications thereof.

4. The Consent Terms have also been signed by Mr.

Dhanji Ghelabhai Gala, who is the sole proprietor of

Dhanji Developers (Judgment Debtor/Respondent). The learned

advocate appearing on behalf of the Judgment Debtor has stated

that though Mr. Dhanji Ghelabhai Gala is not present in Court

today through video conferencing, he identifes the signature of

the Respondent and states that the Respondent has signed the

Consent Terms after reading and understanding the same as well

as the implications thereof.

Gaikwad RD 3/4

5.IANo.28112021.doc

5. In these circumstances, the Consent Terms dated 24th

January, 2022 are taken on record and marked "X" for

identifcation. 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.

6. I am informed that towards frst installment, a pay

order in the sum of Rs.6,53,666/- has already been handed over by

the Respondent to the advocate for the Applicants. The next

installment is due on 20th February 2022. In these circumstances,

list the above matter on 22nd February, 2022 under the caption

"for Directions".

7. In view of the Consent Terms, nothing survives in the

Interim Application fled by the intervenor, namely Interim

Application (L) No. 1761 of 2022 and the same is disposed of

accordingly.

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

duly signed by the Personal Assistant/Private Secretary/Associate

of this Court.

                                                                      (B. P. COLABAWALLA, J.)

                               Gaikwad RD                       4/4

            Digitally signed
            by RAJU
            DATTATRAYA
RAJU       GAIKWAD
DATTATRAYA
           Date:
GAIKWAD    2022.01.27
            15:52:28
            +0530