Petit Towers Co-Operative Hsg. Society vs Sir Dinshaw M. Petit And 6 Ors
2024 Latest Caselaw 23304 Bom

Bombay High Court

Petit Towers Co-Operative Hsg. Society vs Sir Dinshaw M. Petit And 6 Ors on 8 August, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

2024:BHC-OS:11958


                                                                             61-CHS-489-2017.doc


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

                                      CHAMBER SUMMONS NO. 489 OF 2017
                                                     IN
                                    EXECUTION APPLICATION NO. 2197 OF 2016

                    Sir Dinshaw M. Petit and others           ... Applicants
                    In the matter between :
                    Petit Towers Co-operative Housing
                    Society Limited                           ... Original Applicants/
                                                               Judgment Creditor
                                    V/s.

                    Sir Dinshaw M. Petit and others           ... Respondents

                    Mr. Vishal Kanade alongwith Ms. Ferzana Behramkamdin and Ms. Pearl
                    Majithia instructed by FZB and Associates, Advocate for the Applicants
                    in EA-320-2022 and for the Respondent in EA-2197-2016.
                    Ms. Pooja Khandeparkar alongwith Ms. Anushka Agarwal instructed by
                    Parinam Law Associates for the Original Claimants i.e. Petit Towers
                    CHS.

                                           CORAM   :     ABHAY AHUJA, J.

                                           DATE    :     8 AUGUST, 2024

                    P.C. :

1. Both the learned Counsel agree that since Judgment Debtor-

Trust has made payment of Rs.40 lakhs, the Award dated 28 th July 2014

as modified by order dated 26th September 2014 and 19th November

2014 can be marked as satisfied in respect of the obligation of the

Applicants under Clause 87(h) of the said Award. The Chamber

Summons is accordingly made absolute in terms of prayer clause (a),

61-CHS-489-2017.doc

which reads thus :

(a) That this Hon'ble Court be pleased to mark satisfaction on the Original and Certified copies of the Award dated 28th July, 2014 and modified by the Orders dated 26th September, 2014 and 19th November, 2014 and in the relevant records and registers in respect of the above matter in respect of the obligation of the Applicants under Clause 87(h) of the said Award, as the Applicants have paid the entire sum of Rs.40,00,000/- (Rupees Forty Lakhs Only) towards costs.

2. The Chamber Summons is accordingly disposed of.

(ABHAY AHUJA, J.)