Sonal Rajendra Kothari vs Neelkamal Realtors Tower Pvt Ltd ...
2023 Latest Caselaw 510 Bom

                                           9.COMEXLNo.652019(O).doc

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

          ORDINARY ORIGINAL CIVIL JURISDICTION

COMMERCIAL EXECUTION APPLICATION (L) NO. 65 OF 2019
                        IN
         COMMERCIAL SUIT NO.298 OF 2017
                      WITH
 CHAMBER SUMMONS IN COMMERCIAL DIVISION MATTER
                (L) NO. 14 OF 2019
                        IN
COMMERCIAL EXECUTION APPLICATION (L) NO. 65 OF 2019

Sonal Rajendra Kothari                     ...    Applicant
     Versus
Neelkamal Realtors Tower Pvt
Ltd And Anr                                ...    Respondents

                              ----------
Adv. Ishwar Nankani a/w. Adv. Taniya D'souza i/b. M/s.
Nankani & Associates, Advocates for the Decree Holder.
Mr. Yash Momaya a/w. Mr. Munaf Virjee and Mr. Rushabh
Parekh i/b. ABH Law LLP, Advocate for Judgment Debtor No.1.
                              ----------


                              CORAM : R.I. CHAGLA J
                              DATE  : JANUARY 13, 2023
ORDER :

1. Parties are present in Court. The parties have settled their disputes in Commercial Execution Application (L) No. 65 of 2019. Consent terms dated 13 th January 2023 are tendered and taken on record and marked 'X' for identifcation. These are signed by Decree Holder and Judgment Debtor No.1 and their respective Advocates.

2. I am satisfed that the consent terms are in order, not contrary to law and have been drawn by the parties of their own volition in refection of their true intentions.

9.COMEXLNo.652019(O).doc

3. The undertakings, if any, in the consent terms being accepted as undertakings to the Court.

4. The Commercial Execution Application (L) No. 65 of 2019 is disposed of in accordance with the consent terms.

5. Interim application and Chamber Summons, if any, do not survive and disposed of accordingly.

6. A soft copy of the consent terms will be uploaded as the second order in the matter.

7. The Registry is to ensure that the hard copy of the signed consent terms is permanently retained on the fle as part of the record and is not sent for destruction in the ordinary course.

8. Disposed of execution application shall be kept for compliance on 21st February 2023.

                                                                 [R.I. CHAGLA J.]

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2023.01.16
           18:31:57
           +0530