Akhtarbhai Abdullabhai Since ... vs Mohammed Hussain Abdullabhai ...
2023 Latest Caselaw 3341 Bom

2023:BHC-OS:2424



                                                    20-IA (L) 35672.2022 in EXA (L) 2329.2018.doc

                    K.S. Jadhav

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    ORDINARY ORIGINAL CIVIL JURISDICTION

                                   INTERIM APPLICATION (L) NO.35672 OF 2022
                                                     IN
                                  EXECUTION APPLICATION (L) NO.2329 OF 2018

                   Akhtarbhai Abdullabai (since deceased)       ...Applicants/
                   through his legal heirs :                     Decree Holders
                   (a) Memuna Akhtarhussain Abdullabhai          (Original Respondent
                   (since deceased ) & Ors.,                     Nos.4a to 4d)

                   In the matter between :

                   Mohammed Hussain Abdullabhai                 ...Judgment Debtors
                   (since deceased) though his legal heirs :     (Original Claimant
                   (a) Zulfikar Mohammed Hussain                 Nos.1a to 1d)
                   Kagalwala & Ors.,
                                   Versus
                   Taherbhai Abdullabhai & Ors.,                ...Respondents/
                                                                 Judgment Debtors
                                                   ----------
                    Ms. Vijaya Ingule a/w Mr. Rupesh Mandhare i/b Sean Wasoodew,
                    Advocate for Applicants/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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                                        20-IA (L) 35672.2022 in EXA (L) 2329.2018.doc

                                      CORAM : R.I. CHAGLA J.

                                      DATE       : 3RD APRIL, 2023.
ORDER :

1. The parties have entered into Consent Terms which is

tendered bearing today's date and taken on record and marked 'X' for

identification. The Consent Terms have been signed by the Applicant

Nos. 1(b) to 1(d) and their Advocates. The Applicant No.1(a) has

expired and accordingly, her name has been deleted. The

amendment has been carried out.

2. The Consent Terms have also been executed by Respondent

Nos. 1, 2(a) to 2(c) and 3(a) to 3(c), Respondent Nos.6(a) and 7 and

their respective Advocates. The Consent Terms have been filed in the

above Interim Application. This is in view of the settlement between

the parties for amount of Rs.25 Lakh which was deposited in this

Court by Respondent No.1 in Court Receiver's Report No.12 of 2017

to be released to Applicant No.1(b) and Respondent No.2(c). The

parties have agreed that Applicant Nos. 1(b) and 2(c) will deposit the

amount so released in a Bank Account to be opened in the joint

name. The said amount of Rs.55 Lakh so deposited will be utilized

for undertaking critical repairs of Fida Building as set out in

Annexure - A to the Consent Terms. Any unutilised amount to be

20-IA (L) 35672.2022 in EXA (L) 2329.2018.doc

paid to the Respondent No.1 alongwith interest. Any further amount

required for repairs for Fida Building over and above Rs.25 Lakh shall

be contributed by the Applicant and Respondent No. 1, 2(a) to 2(c),

3(a) to 3(c), 6(a) and 7 in proportion to their ownership percentage

in the said building. The balance amount out of the sum of Rs.55

Lakh together with interest that has accrued thereon shall be

returned to Respondent No.1.

3. The payments under Clause 1 of the Consent Terms is to be

made forthwith by prematurely encashing fixed deposit/s, if any.

4. I am satisfied that the Consent Terms are in order, not

contrary to law and have been drawn by the parties of their own

volition in reflection of their true intentions.

5. The undertakings, if any, in the Consent Terms being

accepted as undertakings to the Court.

6. The Interim Application (L) No. 35672 of 2022 is disposed

of in accordance with Consent Terms.

7. The Applicants in view of these Consent Terms applies for

withdrawal of Contempt Petition (L) No.9145 of 2022 pending before

20-IA (L) 35672.2022 in EXA (L) 2329.2018.doc

this Court unconditionally.

8. Accordingly, Contempt Petition (L) No.9145 of 2022 is

disposed of as withdrawn.

9. The parties have agreed that they do not have any claim

against each other in respect of Fida Building and repairs of the same

and the same if any stands withdrawn and / or cancelled.

10. Interim Application is disposed of in accordance with the

Consent Terms.

11. A soft copy of the Consent Terms will be uploaded as the

second order in the matter.

12. 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.]