Citation : 2022 Latest Caselaw 9474 Bom
Judgement Date : 19 September, 2022
31-SJ36-21INCOMSS293-20.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
SUMMONS FOR JUDGMENT NO. 36 OF 2021
IN
COMM SUMMARY SUIT NO. 293 OF 2020
WITH
SUMMONS FOR JUDGMENT NO. 37 OF 2021
IN
COMM SUMMARY SUIT NO. 311 OF 2020
Tikamdas Kukreja ...Plaintiff
Versus
Deepak Raheja ...Defendant
Mr. Mayur Khandeparkar, a/w Ativ Patel, Ms. Viloma Shah,
Darshit Dave & Harshad Vyas, for the AVP Partners, for
the Plaintiff in SJ/36/2021.
Mr. Shanay Shah, a/w Ativ Patel, Viloma Shah, Darshit Dave
Harshad Vyas, for the AVP Partners, for the Plaintiff in
SJ/37/2021.
Mr. Yash Momaya, a/s Munaf Virjee and Akash Agrwal, i/b
ABH Law LLP, for the Defendant in SJ/36/2021.
Mr. Cyrus Ardeshir, a/s Yash Momaya, Munaf Virjee and
Akash Agarwal i/b ABH Law LLP, for the Defendant in
SJ/37/2021.
CORAM: N. J. JAMADAR, J.
DATED : 19th SEPTEMBER, 2022 PC:-
1. Heard the learned Counsels for the parties.
2. Mr. Ardeshir, the learned Counsel for the defendant,
submits that without prejudice to his rights and contentions,
the defendant is willing to make a payment of Rs.3 Crore to the
31-SJ36-21INCOMSS293-20.DOC
plaintiff on or before 1st October, 2022 and that substantially
works out the claim in Suit No.293 of 2020. As regards the
claim in the Commercial Suit No.311 of 2020, Mr. Ardeshir
submits that his instructions are that the defendant is willing to
work out a negotiated settlement with the plaintiff and, if the
negotiations materialize, file Consent Terms.
3. The aforesaid statement that the defendant would make a
payment of Rs.3 Crore on or before 1 st October, 2022, is
accepted.
4. To facilitate the parties to explore the possibility of an
amicable resolution of the dispute, list the suits along with
Summons for Judgment on 10th October, 2022.
[N. J. JAMADAR, J.]
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