Urmilaben Manilal Dhimmar v. Dhayabhai Sukhaabhai Dhimmar And ANR
CORAM : G. S. PetT Co.,nen't- fexrctnri 44ctn, an-, -Y Ia .%42
IN THE HIGH COURT OF JUDICATURE AT BOMBAX
ORDINARY ORIGINAL CIVIL JURISDICTION .10"
ARBITRATION PETITION NO't 3JOF 2020 In the matter of Section 9 of Arbitration & Conciliation Act, 1996;
And In the matter of Award dated 8 th May, 2017.
And In the matter of settlement between the parties in respect of immovable property and for discharge of the Court Receiver, High Court, Bombay as Receiver thereof.
I Urmilaben Manilal Dhimmar Aged 70 years 0cc. Household of Mumbai Indian Inhabitant Ll residing at Room No.2/6, Kokanipada, Kurar, Malad (East), Mumbai 400 097 Petitioner.
(Orig. Claimant)
Versus
Dahyabhai Sukhabhai Dhimmar I of Mumbai Indian Inhabitant aged about 70 year, 0cc business residing at Room No.8, Kilekar Chawl Vaisat Pada, Near Santoshi Mata Mandir Kurar Village, Malad (E), Mumbai 400 097] Respondent.
(Orig.Opponent) AND Kewal Kiran Clothing Limited Having address at Kewal Kiran Estate
460/7,1.3. Patel Road, Goregaon (East),) Mumbaj 400063.
.Respondent in the present Petition CONENT TERMS BETWEEN THE PARTIES HERETO:
1. The Respondent Dahyabhai Sukhabhai Dhimmar agrees and undertakes to this Hon'ble Court to purchase the movable properties at Rs. 5,50,000/- (Rupees Five Lakhs Fifty Thousand only) and to make payment of the said amount of Rs. 5,50,000/- (Rupees Five Lakhs Fifty Thousand only) to the oPetitioner by Pay order on or before 29 th January, 2020. Upon receipt of the Pay order by the Petitioner, the Petitioner's bid for Rs. 6,25,000/- (Rupees Six Lakhs Twenty Five Thousand only) shall be deemed to have been withdrawn. The Court Receiver, High Court, Bombay shall thereupon return to the Petitioner the Pay order deposited by the Petitioner. 2.
The Petitioner, Urmila Manual Dhimmar and the Respondent Dahyabhai Sukhabhai Dhimmar shall surrender the tenancy rights in respect of Gala No.N/7, Gautam Chemicals Compound, I.B.Patel Road, Goregaon (West), Mumbai: 400 063 (said Gala) and all their rights, title and interest in the said Gala unto and in favour of Kewal Kiran Clothing Limited (Respondent in this Petition) as the landlords of the said Gala and in pursuance thereof, the Respondent shall hand over vacant and peaceful • possession of the said Gala to the Landlord on or before but latest by 29 th January, 2020 and the Petitioner confirms the same.
3. The Petitioner and the Respondent shall execute and hand over to the said Landlord Deed of surrender in the form as is annexed hereto and marked Annexure "A" at the time of handing over vacant and peaceful possession of the said Gala and shall make themselves available for registration of the said deed before the
Sub Registrar of Assurances on or before but latest by 29th January, 2020.
4. In consideration of the Surrender of Tenancy of the said Gala the Landlord has agreed to pay an amount of Rs. 75,00,000/- (Rupees Seventy Five Lakhs only) each to the Petitioner and the Respondent respectively subject to the deduction of Tax at Source (TDS).
5. As against the Landlord accepting the surrender of tenancy of the said Gala and receiving vacant and peaceful possession of the said Gala and the Petitioner and the Respondent executing the . Deed of Surrender in respect of the said Gala and making themselves available for registration of the said deed before the Sub Registrar of Assurances on or before 29 th January, 2020, the Landlord shall simultaneously upon execution and registration of the said Deed pay by cheque to the Petitioner and the Respondent respectively an amount of Rs.75,00,000/- I(Rupees Seventy Lakhs only) each subject to the deduction of TDS. The Landlord undertakes to this Hon'ble Court that the cheques so issued to the Petitioner and the Respondent shall not be dishonoured.
6. The Respondent Dahyabhai Dhimmar, as the person in possession and doing business from the said Gala shall before handing over possession of the said Gala to the Landlords clear all the outstanding in respect of the said Gala including but not limited to maintenance, taxes, electricity bills, water charges, if any etc. and in the event any other claims are found outstanding, then the same shall be the absolute liability of the said Respondent Dahyabhai Dhimmar and the Respondent Dahyabhai Dhimmar undertakes to keep the Landlord indemnified against any such claims.
7. Upon the Surrender of tenancy in respect of the said Gala and handing over vacant and peaceful possession of the said Gala to the Landlord, neither the Petitioner and the Respondent nor any
of their heirs or any persons claiming through or under them shall have any claim, right, title or interest in respect of the said Gala or any portion thereof.
8.
In view of the aforesaid, upon the surrender of tenancy and handing over of vacant and peaceful possession of the said Gala by the Petitioner and Respondent to the Landlord and upon the encashment of the cheques issued by the Landlord to the Petitioner and Respondent, the Court Receiver, High Court, Bombay shall stand discharged as the Receiver of the said Gala. 9.
In the event, if the Respondent fails to make payment of Rs. • 5,50,000/- (Rupees Five Lakhs Fifty Thousand only) to the Petitioner or fails to remove himself and his belongings and fails to hand over vacant and peaceful possession of the said Gala to the Landlord by clearing the outstanding dues on or before 29th January, 2020, then the Court Receiver, High Court, Bombay shall within seven days thereafter take forcible possession of the immovable property being aforesaid Gala No. N/7 from the Respondent Dahyabhai Dhimmar or whosoever is found in possession and also all movables lying therein after making inventory of all the movables and submit Report to this Hon'ble Court for further directions in the matter.
n
10. The parties agree to abide by the aforesaid Consent Terms in letter and spirit.
Dated :o3)O//242V Urmilaben Manilal Dhimmar Through Rakesh Manilal Dhimmar As her Constituted Attorney For Legal Chartered, Advobates for Petitioner
e-• e9nrz1 nn4 clJ__ Dahyabhai Sukhabhai Dhimmar The Respondent Ujwala Savant, Advocate for Respondent.
For Kewal .
Vice President - Legs Respondent in present Petition.
F@i'M/s. Pandya & Co.
Advocate for Kewal Kiran Clothing Limited .
[2 I
IN THE HIGH COURT OF JUDICATURE AT
BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION N.33oF Urmilaben Manila!
Dhimmar ... Petitioner.
Versus
S Dhayabhai Sukhaabhai Dhimmar .. Respondent.
AND Kewal Kiran Clothing Ltd.
...Respondent
S CONSENT TERMS Dated this ay of January, 2020 S LEGAL CHARTERED, ADVOCATES FOR PETITIONER ENGINEERS PREMISES, 1ST FLOOR, MUMBAI SAMACHAR MARG, FORT, NEAR BSE, MUMBAI 400001.
Mob. No.98928 03138.