Aliasgar Nalwala vs Neelkamal Realtors Tower Private ...
2023 Latest Caselaw 704 Bom

            Digitally signed
            by JITENDRA
 JITENDRA SHANKAR
 SHANKAR NIJASURE
 NIJASURE Date:
          2023.01.20
            18:47:11 +0530




                                                                          16-comexl-688-2020.doc

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

                               COMM. EXECUTION APPLICATION (L) NO.688 OF 2020
                                                       WITH
                                        INTERIM APPLICATION NO.2274 OF 2020


           Aliasgar Nalwala                                             ...Decree Holder /
                                                                        Applicant

                               Versus

           Neelkamal Realtors Tower Pvt. Ltd. & Anr.                    ...Judg. Debtor /
                                                                        Respondents.

                                                       ----------
           Anuja Jhunjhunwala, Zenia Irani and Rukshin G. i/b. M Mulla
           Associates.
           Mr. Aliasgar Nalwala, Plaintiff is present.
           Mr. Rushabh Parekh with Munaf Virjee i/b ABH Law LLP for
           Judgment Debtor No.1.
           Mr. Imtiyaz Siddique, Director of Judgment Debtor No.1 is present.
                                                       ----------

                                                      CORAM : R.I. CHAGLA J

                                                        DATE        : 19 January 2023

           ORDER :

1. The parties are present in Court. The parties have settled

their disputes. Consent Terms dated 19th January, 2023 are tendered.

The Consent Terms are taken on record and marked 'X' for

16-comexl-688-2020.doc

identification with today's date. These are signed by the Plaintiff and

Defendant No.1 and their respective Advocates. 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.

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

accepted as undertakings to the Court.

3. The Demand Draft of Rs.4,41,84,779/- has been handed

over by the Defendant No.1 to the Plaintiff in Court in accordance

with Clause 3 of the Consent Terms.

4. The Commercial Execution Application is disposed of in

accordance with the Consent Terms.

5. In view of the disposal of Execution Application, the

Interim Applications, if any, filed do not survive and are disposed of

accordingly.

6. The disposed of Execution Application shall be kept for

16-comexl-688-2020.doc

compliance on 9th February, 2023.

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

second order in the matter.

8. 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.]