Bombay High Court
Naresh K. Chandra Huf vs Shubh Enterprises And 3 Ors on 28 February, 2023
Bench: R. I. Chagla
Digitally signed
by JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
2023.03.03
11:46:58 +0530
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jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMM EXECUTION APPLICATION NO.11 OF 2021
IN
COMS SUIT NO.531 OF 2017
Naresh K. Chandra HUF ...Plaintiff /
Decree Holder
Versus
Shubh Enterprises & Ors. ...Defendants
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Ms. Sheetal Shah with Mr. Jeyhaan Carnae i/b. Mehta and Girdharlal
for the Decree Holder.
Naresh Chandra, Karta of Decree Holder.
Mr. Uday Surve, Partner of Defendant No.1 and Defendant No.3.
Padmashri K. i/b. Pramod Kumbhar for the Respondents.
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CORAM : R.I. CHAGLA J.
DATE : 28 FEBRUARY, 2023.
ORDER :
1. The Plaintiff and Defendant Nos.1 and 3 had entered
into Consent Terms dated 21st December, 2022 which was taken on
record by this Court vide order dated 21st December, 2022. The
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Consent Terms were filed in the Commercial Execution Application
No.11 of 2021. This Court had by the said order placed the disposed
of Execution Application on 6th March, 2023 for compliance
considering that the amount of Rs.65,00,000/- had to be paid as per
the Consent Terms on or before 28th February, 2023. In paragraph 7
of the said order, it is mentioned that in the event there is breach
committed of the Consent Terms, the Execution Application as well as
the Interim Application therein shall stand revived and the Plaintiff
shall be entitled to execute these Consent Terms in the above
Execution Application in accordance with law.
2. The Plaintiff and Defendant Nos.1 and 3 have now
executed Supplementary Consent Terms. The Supplementary Consent
Terms entered between Plaintiff and Defendant Nos.1 and 3 bearing
today's date is tendered and taken on record and marked 'Y' for
identification. The Supplementary Consent Terms have been signed
by the Plaintiff / Decree Holder and the Advocate for the Plaintiff /
Decree Holder as well as signed by the partner of the Defendant No.1
who is also Judgment Debtor / Defendant No.3 and the Advocate for
Defendant Nos.1 and 3.
3. By this Supplementary Consent Terms, the parties have
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mutually agreed to modify paragraph 3 of the Consent Terms dated
21st December, 2022 to the extent set out in Clause 2 of the
Supplementary Consent Terms. The Defendant Nos.1 and 3 have
agreed, confirmed and undertaken to pay the Plaintiff lumpsum
amount of Rs.75,00,000/- as mentioned in Clause 2 a. of the
Supplementary Consent Terms.
4. Under Sub clauses b to d of Clause 2 of the
Supplementary Consent Terms, it is recorded that Rs.10,00,000/- has
been paid by the Defendant Nos.1 and 2 on 21st December, 2022 and
the Plaintiffs have confirmed the receipt of the said amount. A sum of
Rs.15,00,000/- is payable on execution of the Supplementary
Consent Terms and that the Advocates for the Defendants have
handed over Demand Draft No.027425 drawn on Axis Bank Account
No.384012100105 to the Karta of the Plaintiff in Court today. Copy
of the Demand Draft / Pay Order is annexed at Exhibit A to the
Supplementary Consent Terms. Further, the sum of Rs.50,00,000/- is
payable on or before 27th March, 2023 by Pay Order drawn on Axis
Bank Account No.921020043273007 bearing 40908. A post dated
cheque has been handed over by the Advocates for the Defendants to
the Advocates for the Plaintiff in Court.
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5. The parties have agreed that Defendant Nos.1 and 3 may
handover the pay order of Rs.50,00,000/- on or before 27th March,
2023 to replace the post dated cheque and upon handing over of the
pay order, the post dated cheque is to be returned to Defendant No.3.
6. In the event of Pay Order is not received before 27th
March, 2023, the Advocate for the Plaintiff may deposit the post
dated cheque on 28th March, 2023. The Defendant Nos. 1 to 3 have
undertaken to keep this post dated cheque credited with the same
account. The copy of post dated cheque is appended at Exhibit 'B' to
the Supplementary Consent Terms.
7. The parties have agreed by way of the Supplementary
Consent Terms that all other understandings, undertakings in
Consent Terms dated 21st December, 2022 will remain binding on
parties, save and except paragraph 3 which have has been modified.
8. There is an error in the date of the Consent Terms which
is mentioned as 28th February, 2022 and is corrected to read as 28th
February, 2023 upon being initialed by the parties as well as the
Advocates who are present in Court.
9. I am satisfied that the Consent Terms are in order, not
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contrary to law and have been drawn by the parties of their own
volition in reflection of their true intentions.
10. The undertakings, if any, in the Consent Terms
being accepted as undertakings to the Court.
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.
13. The Consent Terms dated 21st December, 2022
stands modified to the extent provided for in the Supplementary
Consent Terms between Plaintiff and Defendant Nos.1 and 3. The
Execution Application and Interim Application have been disposed of
by the order dated 21st December, 2022. Paragraph 7 of the said
Order mentions that, in the event, there is a breach committed of
these Consent Terms, the Execution Application as well as Interim
Application therein shall stand revived and the Plaintiff shall be
entitled to execute these Consent Terms in the above Execution
Application in accordance with law.
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14. The disposed of Execution Application shall be
placed on 31st March, 2023 under the caption for compliance.
[ R.I. CHAGLA J. ]
