Bombay High CourtARBP/662/2016disposed off

Amrutben Lalji Bhagat v. Messrs. Cosmos Realty And 2 ORS

2019-01-07Hon'Ble Shri Justice S.C. Gupte2 pages

spb/ 2arbp662-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 662 OF 2016 Mrs. Amrutben Lalji Bhagat ... Petitioner.

V/s.

Messrs. Cosmos Realty & Others.

... Respondents.

--- Mr. Shrikant Rathi, Advocate i/by R. Sawant for the Petitioner. --- Mr. Vikrant V. Parashurami, Advocate for the Respondent No.1. Ms. Swati Raut, I/by Ms. Uma Kshirsagar - Wagle, Advocate for Respondent No. 2.

Mr.S.S.Toraskar, Section Officer, from Court Receiver's Office, is present.

--- CORAM : S. C. GUPTE, J.

DATE : JANUARY 07, 2019.

PC :

By order dated 20.12.2018, an in-principle, settlement between the parties was recorded. It was also recorded that the settlement would be acted upon in the course of the day but the formal consent terms would be filed later. The Petition was posted today for filing of such consent terms.

Borey 1/2

spb/ 2arbp662-16.odt Learned counsel for the parties tender, "Consent Terms", duly signed by the respective clients through themselves / constituted attorney and also their respective Advocates. Learned counsel seek disposal of the arbitration petition in accordance with the Consent Terms. The Consent Terms are taken on record and marked "X" for identification. The statements and the undertakings contained in the Consent Terms are accepted.

The Arbitration Petition is disposed of in terms of the "Consent Terms". No order as to costs.

The Court Receiver, appointed earlier in the matter, shall stand discharged. The Court Receiver's costs, charges and expenses shall be borne by the Petitioner. The Petitioner shall pay such costs, charges and expenses within three weeks of the Court Receiver communicating them to her. The Court Receiver is directed to forthwith hand over to the Petitioner the possession of the suit premises, namely, Shop No. 20, at Balkrishna R. Gawde, Vyapari Premises Co-operative Society Ltd., Dr. G. M. Bhosale Marg, Worli Naka, Mumbai - 400 018. (S. C. GUPTE, J.) .....

Borey 2/2