Bombay High CourtCP/233/2009disposed off

Anupkumar T. Singhania And ANR v. M/S. Sai Parshva Developers And ANR

2016-08-11Hon'Ble Shri Justice R.M. Savant.2 pages

(916)-CP-233-09.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.233 OF 2009 Anupkumar T. Singhania and another .. Petitioners

Versus

M/s. Sai Parshva Developers and another .. Respondents Mr. D. H. Mehta a/w Mr. Ketan Parekh i/by M/s. K. R. Parekh & Co. for the Petitioners.

Mr. P. M. Shah for the Respondent Nos.1 and 2. Mr. A. S. Tammannavar Section Officer of Court Receiver present. CORAM : R.M. SAVANT, J.

DATE : 11th AUGUST 2016 P.C.

The parties have tendered Consent Terms bearing today's date i.e. 11.08.2016. The Consent Terms evidence the settlement arrived at between the parties. The Consent Terms have been signed by the Petitioner No.1 Anupkumar Singhania on behalf of the Petitioners and Mr. Ketan Parekh on behalf of the Advocates for the Petitioners and on behalf of the Respondents by the Respondent No.2 who is a partner of the Respondent No.1 and by Mr. Chirag Shah and Parag Shah the Learned Advocates for the Respondents. The Learned Counsel pray that the Contempt Petition be disposed of in terms of the Consent Terms. The BGP.

(916)-CP-233-09.doc Petitioner No.1 is present and on being queried he states that the Consent Terms have been read by him and that he has understood the Consent Terms and that they are acceptable to him and his wife i.e. the Petitioner No.2. He further states that he has signed the Consent Terms of his own free will and volition. The partner of the Respondents is not present in Court. The Learned Counsel for the Respondents Mr. Parag Shah states that the partner Jayesh Vinod Tanna has signed the Consent Terms in the presence of Mr. Chirag Shah. He further states that the Consent Terms are acceptable to the Respondents. The undertakings in clauses 2, 5, 6, 12, 15, 16 and 17 are accepted. The Consent Terms are taken on record and marked as "X" for identification. The Contempt Petition is disposed of in terms of the Consent Terms.

In view of the said Consent Terms, the Court Receiver's Report No.205 of 2014 to stand disposed of in terms of the Consent Terms. The Court Receiver would stand discharged without passing of accounts. The parties and the Court Receiver to act on a copy of this order duly authenticated by the Court Shirestedar/Associate. [R.M. SAVANT, J] BGP.