Savita Ravindra Badgujar And ... vs Paras Sunderji Dedhia And Anr
2022 Latest Caselaw 2763 Bom

                                                                   20 exal 441-20..doc
        Digitally
        signed by

LAXMI
        LAXMI
         SUBHASH
SUBHASH SONTAKKE
                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SONTAKKE Date:
        2022.03.23
        15:59:44
        +0530                    ORDINARY ORIGINAL CIVIL JURISDICTION

                               EXECUTION APPLICATION (L) NO. 441 OF 2020
                                               WITH
                                 INTERIM APPLICATION NO. 1236 OF 2018


                     Savita Badgujar & Anr.                    ..Applicants/Decree Holders
                                                               (Original Plaintiffs)
                             Vs.
                     Paras Sunderji Dedhia & Anr.              ..Respondents/Judg. debtors
                                                               (Original Defendants)

                                                        .....
                     Malcolm Siganporia with Jayesh Vyas for the Applicants.
                     J. K. Shah with Archit Monurkar, Sakshi Gupta and Tanmay Rane i/b.
                     R.J. Law for Respondents.
                     S. K. Dhekhale, OSD, Court Receiver is present.
                     Savita Badgujar, Applicant No.1 is present.
                     Ravindra Badgujar, Applicant No.2 is present.
                     Paras Dedhia, Respondent No.1 is present.
                                                        .....

                                                    CORAM:- B. P. COLABAWALLA,J.

DATE :- MARCH 22, 2022.

P. C.:

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

informed the Court that the disputes in the above Execution Application

are settled between the parties as recorded in the consent terms dated

22nd March, 2022.

2. The consent terms record that the Respondents have paid

the monitory claim to the Applicant of Rs. 35,50,000/- and the

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Applicants/Decree Holders have no further monitory claim against the

Respondents/Judgment Debtors. The consent terms also contemplate

that the premises described in the consent terms and which are in the

possession of the Court Receiver shall be handed over by the Court

Receiver to the Applicants on 24th March, 2022. Once the possession is

handed over, the Court Receiver shall stand discharged without

rendering accounts.

3. The consent terms have been signed by Applicant Nos.1 and

2. Both are present in Court today. They have stated before the Court

that they have signed the consent terms after reading and

understanding the same as well as the implications thereof. The consent

terms have also been signed by Respondent Nos.1 and 2. Respondent

No.1 (who is also sole proprietor of Respondent No.2) is also present in

Court today. He too has stated that he has signed the consent terms

after reading and understanding the same as well as the implications

thereof. The consent terms are also signed by the Advocates for the

Applicants and the Advocates for the Respondents.

4. In these circumstances, the consent terms dated 22 nd

March, 2022 are taken on record and marked 'X' for identification.

There shall be an order in terms of the consent terms.

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5. The Court Receiver, High Court, Bombay is directed to

hand over physical possession of the premises mentioned in the consent

terms to the Applicants on 24th March, 2022 at 12.00 p.m.

6. The learned Advocate appearing on behalf of the Applicants

has stated that once the Court Receiver hands over physical possession

of the said premises to the Applicants, the Applicants shall seek

withdrawal of Contempt Petition No. 79 of 2019 in Suit No. 1236 of 2018

pending before another learned Single Judge of this Court. The

statement is accepted.

7. It is directed that once the Court Receiver hands over

physical possession of the premises (mentioned in the consent terms) to

the Applicants, the Court Receiver shall stand discharged without taking

accounts but on the payments of his costs, charges and expenses. The

costs, charges and expenses of the Court Receiver shall be paid by the

Applicants within a period of one week from the date the Court Receiver

raises his bill in that regard on the Advocates for the Applicants.

8. Once possession is handed over by the Court Receiver to the

Applicants, the decree against the Judgment Debtors shall be marked as

fully satisfied.

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9. The Execution Application is accordingly disposed of. No

order as to costs.

10. Only for the purpose of ensuring compliance of this order,

the matter be placed on board on 25th March, 2022 "for directions".

11. 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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