Bombay High Court
Mohammed Hussain Abdullabhai ... vs Taherbhai Abdullabhai Of Bombay ... on 3 April, 2023
Bench: R. I. Chagla
20-EXA (L) 2329.2018.doc
K.S. Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
EXECUTION APPLICATION (L) NO.2329 OF 2018
Mohammed Hussain Abdullabhai ...Judgment Debtors /
(since deceased) though his legal heirs : Claimants
(a) Zulfikar Mohammed Hussain
Kagalwala & Ors.,
Versus
Taherbhai Abdullabhai & Ors., ...Respondents/
Judgment Debtors
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Ms. Vijaya Ingule a/w Mr. Rupesh Mandhare i/b Sean Wasoodew,
Advocate for Judgment Debtors/Claimants.
Mr. Anupam Surve a/w Mr. Nikhil Mutha i/b Nanu Hormasjee & Co.,
Advocate for Respondent No.1.
Mr. Vishal Hegde, Advocate for Respondent No.1(a).
Mr. Prashant Pandey a/w Mr. Dinesh Jadhwani a/w A.Z. Memon i/b
W3Legal LLP, Advocate for Respondent Nos. 1(b) to 1(d).
Mr. Arun Mehta i/b Akshar Laws for Respondent Nos. 2(a), 2(c),
3(a), 3(c), 6(a) & 7.
Mr. Tanmay Karmarkar, Advocate for Respondent Nos. 5(a) to 5(c).
Mr. Taherbhai Abdullabhai through POA holder Mr. Mustan
Kagalwala present.
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CORAM : R.I. CHAGLA J.
DATE : 3RD APRIL, 2023.
ORDER :
1. The parties have arrived at Consent Terms bearing today's
date which are tendered to this Court and marked "X-1" for
identification.
20-EXA (L) 2329.2018.doc
2. The Consent Terms have been signed by the Claimant
No.1(a) and Advocate for Claimant No.1(a) ; Claimant No.1(b) to (d)
and Advocate for Claimant No.1(b) to (d) and Respondent Nos.1,
2(a) to (c) and 3(a) to (c) and Advocate for these Respondents.
3. The Consent Terms have also been signed by Respondent
Nos. 4(a) to (c) and Advocate for Respondent Nos. 4(a) to (c) and
Respondent Nos. 5(a) to (d) and Advocate for Respondent Nos. 5(a)
to (d) as well as Respondent Nos.6(a) and Respondent No.7 and
Advocate for these Respondents.
4. By these Consent Terms, the parties have agreed that the
Court Receiver appointed in respect of family properties namely
Hydari Cottage at Matheran, Bowlawadi at Chinchpokli, Akola
Property, Bhendi Bazaar Property, Lakda Bazaar Property and
Dholiwala Property is hereby discharged without passing accounts.
5. In Clause 18 of the Consent Terms, the parties have agreed
that the Court Receiver appointed in respect of Abdulla Mansion
No.2, Abdulla Mansion No.3 and Fida Building will continue till the
accounts of rents, expenses, statutory dues including but not limited
to property taxes in respect of these four properties are segregated,
20-EXA (L) 2329.2018.doc
finalised and paid and the Court Receiver has handed over the
properties to the persons entitled thereto in the same or similar status
of occupation on the date the receiver took possession of the said
properties.
6. Further, in Consent Terms it is mentioned that the parties
have agreed for compliance with the Award dated 13 th June, 2002
passed by the learned Arbitrator read with order of October, 2002
modifying the same. Further declarations have been made as to those
parties who have expired subsequent to the passing of the said Award
annexed in the Consent Terms. The undertakings are accepted as
undertakings to this Court.
7. This order is passed in accordance with the Consent Terms.
8. The Execution Application (L) No.2329 of 2018 is not
disposed of by these Consent Terms in view of continuation of
appointment of the Court Receiver in respect of the aforementioned
properties mentioned in Clause 18 of the Consent Terms.
9. A soft copy of the Consent Terms will be uploaded as the
second order in the matter.
20-EXA (L) 2329.2018.doc
10. The Registry is to ensure that the hard copy of the signed
Consent Terms is permanently retained on file as part of the record
and is not sent for destruction in the ordinary course.
[R.I. CHAGLA J.]
