Ravindranath R Shetty v. Shiv-Sneha Asso. And 2 ORS. And Dinshah D. Kerwalla And 3 ORS.(Appl) And Sheriff Of Of Mumbai And A

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 785 OF 2020 IN CHAMBER SUMMONS NO. 1362 OF 2018 IN COMMERCIAL EXECUTION APPLICATION NO. 248 OF 2019 Dinshah Darabshah Kerawalla Trust ...

Applicants and Ors In the matter between Ravindranath R. Shetty ...

Judgment Creditor vs.

Shiv-Sneha Association and 2 Ors.

... Judgment Debtors and Sheriff of Mumbai & Anr.

...

Respondents Mr.H. N. Vakil a/w. Ms. Suzan Vakil i/b. M/s. Mulla & Mulla & CBC for the Applicants.

Mr. Sanjay Jain a/w. Mr. Ishwar Nankani, Mr. Huzefa Khokhawala and Ms. Gauri Memon i/b. M/s. Nankani & Associates for the Judgment Creditor. CORAM : A. K. MENON, J.

DATED : 14 th JULY, 2021.

[THROUGH VIDEO CONFERENCE] P.C. :

1.

Called for filing consent terms. Mr. Vakil on behalf of the applicant and Mr. Nankani on behalf of the judgment creditor state that as between their respective clients they have arrived at a workable settlement. They have tendered consent terms. On behalf of the applicant the signatories are all 1/3

said to have executed the terms dated 4 th June, 2021 in the presence of Mr.

Vakil, partner of the Advocates firm for the applicant. Mr. Nankani identifies signatories on behalf of the plaintiff and confirms executing consent terms. Accordingly, I pass the following order :

(i) There will be an order in terms of the consent terms which is taken on record and marked 'X' for identification. (ii) Interim Application no. 785 of 2020 is disposed in the above terms.

Commercial Execution Application No. 248 OF 2019 1.

Having disposed the above Interim Application No. 785 of 2020 Mr. Nankani states that he has instructions to withdraw this Execution Application. Mr. Nankani states that notice has been served to the Advocates for the defendants. He undertakes to file affidavit of service. Mr. Nankani therefore seeks leave to withdraw the Execution Application itself. In view thereof I pass the following order :

(i) On the application of the judgment creditor Execution Application No. 248 of 2019 is allowed to be withdrawn.

(ii) Affidavit of service to be filed on or before 16 th July, 2/3

(iii) Sheriff is discharged subject to payment of costs, charges and expenses payable, if any. Mr. Nankani undertakes to ensure that payment is made within one week from date of uploading the order.

(iv) In view of the disposal of the Execution Application, Chamber Summons no. 1362 of 2018 also stands disposed. (v) All interim orders stand vacated.

(A. K. MENON, J.) 3/3