Jtb Jupiter Express Services Pvt ... vs Om International Courier Cargo ...
2023 Latest Caselaw 1220 Bom

                                                             14.COMEX(L)-38184-22.doc

S A PATHAN

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

           COMMERCIAL EXECUTION APPLICATION (L) NO. 38184 of 2022
                                  IN
                 COMMERCIAL SUMMARY SUIT NO.1 OF 2021

      JTB Jupiter Express Services Pvt. Ltd.      ...Applicant/
                                                   Judgment Creditor
              Versus
      OM International Courier Cargo              ...Respondents/
      Service & Ors.                               Judgment Debtors

                                     ----------
      Mr. Hardik Sanghavi, Advocates for Applicant/Judgment Creditor.
      Mr. Malcoln Siganporia i/b. Jayesh R. Vyas, Advcoates for
      Respondents/Judgment Debtors.
                                     ----------

                                     CORAM : R.I. CHAGLA J.
                                     DATE         : 06TH FEBRUARY, 2023.
      ORDER :

1. The Applicant/Judgment Creditor and Respondents Nos. 1 and

2/Judgment Debtors have settled their disputes and also entered into

Consent Terms dated 06th February, 2023, which are tendered and

taken on record and marked 'X' for identification. These are signed

by the Applicant/Judgment Creditor and their Advocates as well as

by the Respondent Nos.1 and 2/Judgment Debtors and the Advocates

for the Respondents Nos.1 and 2/Judgment Debtors.

14.COMEX(L)-38184-22.doc

2. By these Consent Terms, the Respondent Nos.1 and

2/Judgment Debtors have agreed to pay the amounts which are

mentioned in clauses (2) and (3) of the Consent Terms. They have

handed over the demand draft in respect of the payment to be made

to the Applicant/Judgment Creditor on execution of the Consent

Terms. They have also handed over ten post-dated cheques in respect

of the amounts payable to the Applicant/Judgment Creditor as per

the particulars mentioned in clause (3) of the Consent Terms. It is

mentioned in clause (3) of the Consent Terms that the post-dated

cheques, cheques at serial Nos.1 to 9 are drawn on the Bank of

Baroda, V. P. Road Branch, Mumbai and post-dated cheque at serial

No.10 drawn on Axis Bank Limited, Lamington Road Branch,

Mumbai. These are payable in installments on the dates mentioned in

clause (3). The demand draft and post-dated cheques have been

handed over and acknowledged by the Applicant/ Judgment

Creditor.

3. In clause (4) of the consent terms, the default in making

payments on the due dates of the post-dated cheques have been

provided. On occurrence of defaults, then in that event Respondent

Nos.1 and 2/Judgment Debtors shall be called upon by the Applicant

14.COMEX(L)-38184-22.doc

to make payment of the same within a period of 10 (Ten) days from

the date of the default ('the Cure Period'). Failure to comply with the

same shall result in the entire amount under the decree dated 4 th

August, 2022 becoming payable and the Applicant/Judgment

Creditor will be at liberty to revive the Execution Application for

enforcement of its rights. In line 11 of clause (4) of the Consent

Terms, the words Judgment Debtor should read as Judgment Creditor

and which correction shall be carried out forthwith and initialled. It

is further clarified in clause (4) of the Consent Terms that the

provision of the 'Cure Period' shall not be applicable to the Tenth and

final installment and the Respondent Nos.1 and 2/Judgment Debtors

undertake to make the final payment under these Consent Terms on

or before 30th November, 2023.

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

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

in reflection or true intentions.

5. The undertakings in the consent terms has been accepted as

undertakings to this Court.

6. In clause (10) of the Consent Terms, the Applicant/Judgment

Creditor has sought leave to withdraw the Execution Application

14.COMEX(L)-38184-22.doc

against Respondent Nos.3 and 4. Accordingly, the execution

Application stands disposed of as withdrawn against Respondent

Nos.3 and 4.

7. The Execution Application (L) No.38184 of 2022 is disposed of

in accordance with the Consent Terms marked 'X'.

8. The soft copy of the consent terms will be uploaded as the

second order of the matter.

9. Registry to ensure that the hard copy of the signed Consent

Terms is permanent/retained on file as part of the record and is not

sent for destruction in the ordinary course.

[R.I. CHAGLA J.]