Sunil Shantilal Gosar And Anr vs Yash Builders And Anr
2022 Latest Caselaw 6052 Bom

                                                                     18.ia.1377.2020.doc

GANESH
SUBHASH                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
LOKHANDE                              ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
GANESH SUBHASH
LOKHANDE                               INTERIM APPLICATION NO. 1377 OF 2020
Date: 2022.06.30
14:29:38 +0530
                                                           IN
                                   EXECUTION APPLICATION (L) NO. 521 OF 2020


                      Sunil S. Gosar (Since Deceased)
                      Jyoti Sunil Gosar & Ors.               .. Applicants

                      IN THE MATTER BETWEEN
                      Sunil S. Gosar (Since Deceased)
                      Jyoti Sunil Gosar & Ors.               .. Applicants/
                                                                   Decree Holders

                                Vs.

                      M/s. Yash Builders & Anr.                    .. Respondents/
                                                                   Judgment Debtors
                                                             (Org. Defendant Nos. 1 & 2)

                      Malcolm Siganporia a/w Sandeep Dhangar i/b Jayesh Vyas for the
                      Applicant.
                      Mr. J.K. Shah a/w Sakshi Gupta i/b R.J. Law for Respondent.

                                                       CORAM:- B. P. COLABAWALLA,J.

DATE :- JUNE 29, 2022.

P. C.:

1. In the above matter, on 19th April, 2022, the parties had

tendered the Consent Minutes of Order and both parties had agreed that

the above Interim Application can be disposed of in terms of the

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Consent Minutes Order. Accordingly the Consent Minutes of Order were

taken on record and marked 'X' for identification and it was directed

that there shall be an order in terms of the Consent Minutes Order. The

undertakings given in the Consent Minutes Order were also accepted as

undertakings given to this Court.

2. Today when the matter is called out, the parties have

tendered further Consent Minutes of Order dated 29th June, 2022 under

which the parties seek certain modifications to the Consent Minutes of

Order dated 19th April, 2022. The Consent Minutes tendered today have

been signed by the advocates for the Applicants and the advocates for

the Respondents.

3. The Consent Minutes tendered today inter alia contemplate

certain changes in Clauses 4, 5 & 12 of the Consent Minutes of Order

dated 19th April, 2022. The Consent Minutes tendered today also replace

the Permanent Accommodation Agreements annexed at Annexures 'C' &

'D' to the Minutes of Order dated 19th April, 2022 with Permanent

Accommodation Agreements annexed at Annexures '1' & '2' to the

present Consent Minutes.

4. In these circumstances, the Consent Minutes of order dated

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29th June, 2022 are taken on record and marked 'X-1' for identification.

It is clarified that these Consent Minutes of Order shall be in addition to

the Consent Minutes of Order dated 19th April, 2022. The undertakings

given in the present Consent Minutes of Order are also accepted as

undertakings given to the Court.

5. Place the above Execution Application on board 'for

directions' on 26th July, 2022.

6. 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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