Ashish Dhingra And Bimla Dhingra vs Ginni And Jony Limited
2022 Latest Caselaw 2771 Bom

GANESH                                                            13-COMEX-47-2021(W)SR-15-22.doc
SUBHASH
LOKHANDE
Digitally signed by
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GANESH SUBHASH
LOKHANDE
Date: 2022.03.22
                                        ORDINARY ORIGINAL CIVIL JURISDICTION
14:53:33 +0530

                                              IN ITS COMMERCIAL DIVISION

                               COMMERCIAL EXECUTION APPLICATION NO. 47 OF 2021
                                                  WITH
                                      SHERIFF'S REPORT NO. 15 OF 2022

                      Ashish Dhingra and Bimla Dhingra                             .. Applicants/
                                                                                   Decree Holders
                                 Vs.
                      Ginni and Jony Limited                                       .. Respondent

                      Prathamesh Seth i/b. Joseph Fernandes for the Applicants/Decree
                      Holders.
                      Saloni Vyas i/b. Legasis Partners for the Respondent.
                      D. S. Chaudhari, Dy. Sheriff is present.

                                                   CORAM :- B. P. COLABAWALLA, J.

DATE :- 22nd MARCH, 2022.

P. C.:

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

tendered Consent Terms dated 24th February, 2022. These Consent

Terms provide that as on 24th February, 2022, the decretal amount

comes to Rs. 1,05,47,259/-. As and by way of settlement, the Applicants

have agreed to accept a sum of Rs.75,50,000/- in full and final

settlement and which amount is to be paid as more particularly set out

in paragraph (5) of the Consent Terms.

2. The Consent Terms further provides that if there is any

default in the payment as set out in the Consent Terms, the execution

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proceedings shall stand revived. Though, it is not specifically mentioned

in the Consent Terms, both parties have stated before me that in case of

default, the execution proceedings shall stand revived for executing the

decree as more particularly set out in paragraphs (2) & (3) of the

Consent Terms. In other words, the execution will proceed not on the

basis of the settlement amount but on the basis of the decree.

3. The Consent Terms have been signed by Decree Holder

No.1 for himself as well as on behalf of Decree Holder No.2. The

Consent Terms have been signed on behalf of Decree Holder No.2 by

Decree Holder No. 1 on the basis of a Power of Attorney dated

17th February, 2022. A copy of the said Power of Attorney is taken on

record and marked "X" for identification. The learned advocate

appearing on behalf of the Decree Holders has stated that the Decree

Holders are not present in Court today, as they are from Delhi. He

however identifies the signature of Decree Holder No.1 and states that

the Consent Terms have been signed by Decree Holder No.1 for himself

as well as on behalf of Decree Holder No.2, after reading and

understanding the same as well as the implications thereof.

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

Lakhani, a Director of the Judgment Debtor/Respondent. Mr. Prakash

Lakhani is also not present in Court today, as he is unwell. However, the

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learned advocate appearing on behalf of the Respondent states that she

is in position to identify the signature of Mr. Prakash Lakhani and

further states that the Consent Terms have been signed by him in the

presence of the advocates for the Judgment Debtor. It is further stated

that the Consent Terms have been signed by Mr. Prakash Lakhani (for

and on behalf of the Judgment Debtor) after reading and understanding

the same as well as the implications thereof.

5. The Consent Terms are also signed by the advocates

for the Applicants/Decree Holders and the advocates for the

Respondent/Judgment Debtor.

6. In these circumstances, the Consent Terms dated

24th February, 2022 are taken on record and marked "X-1" for

identification. There shall be an order in terms of the Consent Terms.

7. Considering that now the first payment amount of

Rs.8,75,000/- is to be paid by 25th March, 2022, place the above matter

on board for directions on 1st April, 2022.

8. Considering that the Consent Terms are now filed in this

Court, the Sheriff of Mumbai is directed to handover the cheques

mentioned in paragraph (5) of the Sheriff's Report to the advocates for

the Applicants/Decree Holders.

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9. The Decree Holders are directed to make payment of 1% of

the Sheriff's poundage (on the settlement amount) as per Rule 474 of

the Bombay High Court (Original Side) Rules, 1980 read with the table

of fees payable to Sheriff of Mumbai.

10. In compliance of the above direction, the learned advocate

appearing on behalf of the Applicants/Decree Holders has handed over

a cheque of Rs. 75,500/-drawn on HSBC Bank in favour of the Sheriff of

Mumbai as 1% of the Sheriff's poundage (on the settlement amount).

The learned advocate appearing on behalf of the Decree Holders has

undertaken the said cheque shall be honoured when presented for

payment.

11. The Sheriff's Report is accordingly disposed of. Place the

above Execution Application on board for directions on 1 st April, 2022.

12. 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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