Goldmines Telefilms Private Limited v. Abhishek Films

2023:BHC-OS:10048

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO. 152 OF 2023 WITH COMMERCIAL ARBITRATION PETITION NO. 174 OF 2023 Goldmines Telefilms Private Limited

...Petitioner

Versus

Abhishek Films & Anr.

...Respondents

***  Mr. Anrup Dasgupta, Ms. Sonam Ghiya i/b Jhangiani, Narula & Associates, for Petitioner.

 Ms. Sheetal Shah, Mr. Sanjay Mali i/b Mehta & Girdharlal, for Respondents.

*** CORAM : MANISH PITALE, J DATE : 15th SEPTEMBER, 2023 P. C. :

1.

These petitions were disposed of as per Consent Terms by an order dated 29th March, 2023.

2.

Today proceedings are circulated for placing on record Supplementary Consent Terms that seek to modify some of the clauses of the Consent Terms dated 29th March, 2023. 3.

The Supplementary Consent Terms are signed by the authorized signatory of the Petitioner who is present in Court and identified by the Advocate for the Petitioner and partner of Respondent No. 1 who is also Respondent No. 2 i.e. Ramesh P. Pillai. Mr. Ramesh Pillai could not remain present in Court today, although a photocopy of his passport is annexed to the Supplementary Consent

Terms and the Advocate representing the Respondents has identified his signature.

4.

It is brought to the notice of this Court that certain Commercial Terms in the original Consent Terms are sought to be modified by the parties.

5.

In view of the above, the Supplementary Consent Terms dated 14th September, 2023 are taken on record and marked "Y" for identification.

6.

The learned Counsel for the parties jointly submit that in that light the order dated 29th March, 2023 passed by this Court, disposing of the petitions may be modified to that extent. 7.

Accordingly, the Supplementary Consent Terms having been taken on record, the order dated 29th March, 2023 stands modified to that extent. All the remaining clauses of the Consent Terms dated 29th March, 2023, shall continue to operate between the parties.

8.

The undertakings given in the Supplementary Consent Terms are accepted as undertakings given to this Court. The parties are directed to abide by their respective obligations, as per the Supplementary Consent Terms.

9.

A soft copy of the Consent Terms shall be uploaded as second order in the matter.

10.

The hard copy of the Consent Terms duly signed by the parties and their Counsel shall be retained on the file and shall not be sent for destruction in ordinary course.

11.

Ordered accordingly.

(MANISH PITALE, J.)