Bombay High Court
Popley Buildcon Private Limited vs Samarth Erectors And Developers ... on 4 May, 2022
Bench: B.P. Colabawalla
68-COMEX(L)-1125-2021.doc
Digitally
signed by
GANESH
GANESH SUBHASH
SUBHASH LOKHANDE
LOKHANDE Date:
2022.05.04
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
19:35:40
+0530
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL EXECUTION APPLICATION (L) NO. 1125 OF 2021
Popley Buildcon Private Limited .. Applicant
Vs.
M/s. Samarth Erectors & Developers & Ors. .. Respondents
Abhishek Adke a/w. Vibha Joshi for the Applicant.
Milan Desai i/b. T. R. Patel for the Judgment Debtor.
Girish Boaradia, Authorised Signatory of the Applicant is present.
Manish Ambre, Judgment Debtor No.2 is present.
Abdul Wahid Qureishi, Judgment Debtor No.3 is present.
Shailesh B. Adhyaru, Judgment Debtor No.4 is present.
CORAM:- B. P. COLABAWALLA,J.
DATE :- 4th MAY, 2022.
P. C.:
1. Today, when the matter is called out, the parties have
informed me that the disputes in the above Execution Application are
settled as per the Consent Terms dated 6 th April, 2021 read with the
Supplementary Consent Terms dated 4th May, 2022.
Ganesh Lokhande page 1 of 4
68-COMEX(L)-1125-2021.doc
2. Both the aforesaid Consent Terms have been signed by Mr.
Girish Boradia, who is the authorised signatory of the Decree Holder.
Mr.Boradia is present in Court today and he has stated that he has
signed both the Consent Terms after reading and understanding the
same as well as the implications thereof. Both the aforesaid Consent
Terms have also been signed by Judgment Debtor Nos. 2, 3 & 4 in their
individual capacity as well as in their capacity as a partner of Judgment
Debtor No. 1. In addition, Judgment Debtor Nos. 2, 3 & 4 have also
signed both the Consent Terms as the Directors of Judgment Debtor
No.6. Judgment Debtor Nos. 2, 3 & 4 are all present in Court today.
They have stated before the Court that they have signed both the
Consent Terms after reading and understanding the same as well as the
implications thereof.
3. Both the Consent Terms are also signed by Judgment
Debtor Nos. 2, 3 & 4 on behalf of M/s. Samarth Erectors & Developers;
Lucky Developers and Samarth Erectors & Developers [Mariyamman]
as confirming parties.
4. In these circumstances, the Consent Terms dated 6th April,
2021 are taken on record and marked "X" for identification. The
Ganesh Lokhande page 2 of 4
68-COMEX(L)-1125-2021.doc
supplementary Consent Terms dated 4th May, 2022 is taken on record
and marked "X-1" for identification. There shall be an order in terms of
both the Consent Terms. The undertakings given in both the Consent
Terms are accepted as undertakings given to the Court. Sealing of the
Decree is dispensed with.
5. The learned advocate appearing on behalf of the Plaintiff
has submitted that the above Execution Application can be disposed of
in terms of both the Consent Terms with liberty to file a fresh Execution
Application and/or contempt proceedings, in the event there is any
breach committed by the Judgment Debtors of the aforesaid two
Consent Terms.
6. In these circumstances, the Execution Application is
accordingly disposed of with liberty to the Plaintiff to file not only a
fresh Execution Application but also contempt proceedings against the
Judgment Debtors, if there is a breach of any of the terms of the
Consent Terms.
7. In view of the disposal of the Execution Application, the
learned advocate appearing on behalf of the Plaintiff has stated that any
Interim order or ad-interim order can be vacated forthwith. It is
Ganesh Lokhande page 3 of 4
68-COMEX(L)-1125-2021.doc
accordingly so ordered.
8. This order will be digitally signed by the 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. )
Ganesh Lokhande page 4 of 4
