Bafna Motors Pvt. Ltd. And ORS v. Tata Motors Finance Solutions Ltd
2023:BHC-AS:27276-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11246 OF 2023 Bafna Motors (Mumbai) P. Ltd and Ors.
.. Petitioners
Versus
Tata Motors Finance Solutions Ltd.
.. Respondent Ms. Priyanka Kothari a/w Mr. Omkar Kanegaonkar i/b Mr. Vivek V. Phadke, Advocates for the Petitioners. Mr. Sandip Parikh a/w Omar Khaiyam Shaikh i/b Vikas Salvi and Associates, Advocates for the Respondent. Mr. S.M. Bafna- Petitioner No. 2 is present in the Court. Mrs. Nanda S. Bafna- Petitioner No. 3 is present in the Court. Mr. Ameet Desoshtalee-Authorised Officer of Respondent is present in the Court.
Mr. Manish Chandran, AVP of Respondent is present in the Court.
Mr. Prashant Bharati, Legal Head of Respondent is present in the Court.
CORAM
: B. P. COLABAWALLA & M.M. SATHAYE, JJ.
DATE : SEPTEMBER 08, 2023 P. C.
1.
When the above Writ Petition is called out, the parties, namely the Petitioners and the Respondent NBFC (Tata Motors Finance Solutions Ltd - TMFSL) have tendered Consent Minutes of
Order under which they have resolved the dispute in the present Writ Petition. The Consent Minutes of Order are signed by the Director/ authorised signatory of Petitioner No. 1 and who is also Petitioner No. 2. He is present in the Court today. He has stated before the Court that he has signed the Consent Minutes of Order of his own free volition and after reading and understanding the same as well as the implications thereof.
2.
The Consent Minutes of Order are also signed by Petitioner No. 3. She is also present in the Court today. She too has stated that she has signed the Consent Minutes of Order of her own free volition and after reading and understanding the same as well as the implications thereof.
3.
As far as the Respondent NBFC (TMFSL) is concerned, the authorised Officer of the said NBFC has signed the Consent Minutes of Order, who is present in the Court today. He has stated that he has signed the Consent Minutes of Order on behalf of the Respondent NBFC after reading and understanding the same as well as the implications thereof.
4.
The Consent Minutes of Order are also signed by the Advocate of the Petitioners and the Advocate for the Respondent. 5.
In these circumstances, the Consent Minutes of Order are taken on record and marked as "X" for identification. All undertakings given in the Consent Minutes of Order are accepted as undertakings given to the Court. There shall be an order in terms of Consent Minutes of Order and the above Writ Petition is disposed of in terms of the Consent Minutes of Order.
6.
Though we have disposed of the above Writ Petition, considering that under the Consent Minutes the first compliance required by the Petitioner is on 07/12/2023, we place the above matter on board for reporting compliance on 11/12/2023. 7.
This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.]