Sai Siddhi Developers v. Nathan Properties

APPL. 139-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) No. 139 OF 2015 IN CHAMBER SUMMONS (L) No. 117 OF 2015 IN EXECUTION APPLICATION No. 1066 OF 2014 IN ARBITRATION PETITION No. 730 OF 2014 Sai Siddhi Developers ...

Appellant Vs.

Nathan Properties ...

Respondents *** Mr. Dilip Ravi i/b Rushi Mehta, for the Appellant. Mr. Mayur Khandeparkar & Ameya Deosthale i/b Hariani & Co, for the Respondents.

*** CORAM : V. M. KANADE, & M. S. SONAK, JJ.

DATE : APRIL 23, 2015 PC.

.

During pendency of the appeal, parties have arrived at a further settlement and have filed "Supplemental Consent Terms". The parties have filed consent terms dated 9th May, 2014 in Arbitration Petition No. 730 of 2014. By the said consent terms the Appellants had agreed to pay the amount mentioned in the consent terms. However, they failed to make the payment within the time prescribed 1 / 2

APPL. 139-15 in the consent terms. Execution proceedings are, therefore, taken by the Respondents and certain orders have been passed, which have been challenged in the appeal. During the pendency of the appeal, now, the Respondents have agreed to give further time to the Appellants to make the payment, and therefore, these "Supplemental Consent Terms" have been tendered by the parties. The said "Supplemental Consent Terms" are taken on record; they are signed by the Appellants and the Respondents and their respective counsel. Undertaking given by the Appellants in the "Supplemental Consent Terms" are accepted. All the Appellants are present in the Court. Decree be drawn up in terms of the "Supplemental Consent Terms". Sd/- Sd/- [M. S. SONAK, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2