Bombay High Court
Agrocorp India Trade Services ... vs Shubh Labh Nirmaan Pvt. Ltd on 12 July, 2022
Bench: B.P. Colabawalla
12.ia(l).2587.2021.doc
GANESH
SUBHASH
LOKHANDE IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by
GANESH SUBHASH
LOKHANDE ORDINARY ORIGINAL CIVIL JURISDICTION
Date: 2022.07.13
11:09:56 +0530
INTERIM APPLICATION (L) NO. 2587 OF 2021
IN
COMM. EXECUTION APPLICATION (L) NO.742 OF 2019
WITH
CHAMBER OF SUMMONS (CD) NO. 960 OF 2019
IN
COMM. EXECUTION APPLICATION (L) NO. 742 OF 2019
WITH
COMM. EXECUTION APPLICATION (L) NO. 742 OF 2019
Agrocorp India Trade Services
Pvt. Ltd. .. Applicant
IN THE MATTER BETWEEN:
Agrocorp India Trade Services
Pvt. Ltd. .. Applicant/
Org. Plaintiff
Vs.
Shubh Labh Nirmaan Pvt Ltd. .. Respondent/
Org. Defendant
AND
Bimal Kothari & Ors. .. Respondents
Mr. Nikhil Wable a/w Mr. Mihir Kakade i/b M/s Jayakar and Partners for
Applicant.
Aditya Udeshi, Netaji Gawde & Rahul Sanghi i/b Sanjay Udeshi & Co. for
Respondent.
Sohail Tanna, authorized signatory of applicant is present.
Mr. Dhyanchand Swami, Director of Respondent is present.
CORAM:- B. P. COLABAWALLA,J.
DATE :- JULY 12, 2022.
Utkarsh page 1 of 3
12.ia(l).2587.2021.doc
P. C.:
1. Today when the above matter is called out parties have
tendered Consent Terms dated 12th July, 2022. In the Consent Terms it
is stated that the disputes between the parties have been settled out of
Court and the Applicant confirms that there are no amounts which are
now due and payable by the Defendant to the Applicant. The Consent
Terms further provide that any and all amounts due and payable by the
Defendant to the Applicant including under the Judgment and Decree
dated 25th March, 2019 stand satisfied and there are no amounts due
and payable by the Defendant to the Applicant under the said Judgment
and Decree.
2. The Consent Terms have been signed by the authorized
signatory of the Applicant as well as by the Director of the Respondent.
The authorized signatory of the Applicant 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.
Similarly, the Director of the Respondent is also present in Court today.
He also has stated before the Court that he has signed the Consent
Terms after reading and understanding the same as well as the
implications thereof.
Utkarsh page 2 of 3
12.ia(l).2587.2021.doc
3. In these circumstances, the Consent Terms dated 12 th July,
2022 are taken on record and marked 'X' for identification. The above
Execution Application is disposed of in terms of the Consent Terms.
4. In view of the disposal of the Execution Application nothing
survives in the above Interim Application as well as in the above
Chamber of Summons and the same are disposed of accordingly.
5. 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. )
Utkarsh page 3 of 3
