Mr. Champalal M. Bafna And 2 ORS v. Mr. Paresh Chabhadia And 3 ORS

chs 1668 of 2016 (953).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1668 OF 2016 IN COMMERCIAL EXECUTION APPLICATION NO.34 OF 2016 IN ARBITRATION AWARD DATED 11-09-2014 Nitesh G. Doshi and Anr.

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Applicants/Claimants and Champalal M. Bafna and Ors.

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Claimants versus Prakash Chabhadia and Ors.

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Respondents Mr. Cyrus Ardeshir with Mr. Ravi Gandhi i/by M/s. Gandhi and Co., for Applicants. Mr. Ranjeev Carvalho i/by Mr. Bipin Joshi and Mr. Prayag Joshi, for Respondent Nos.1, 2 and 4.

CORAM: S.J. KATHAWALLA, J.

DATE: 15 th DECEMBER, 2016 P.C.:

1.

The learned Advocates for the parties have tendered Consent Terms. They submit that the Consent Terms be taken on record and the Chamber Summons be disposed of in terms of the Consent Terms. The Consent Terms are taken on record and marked 'X' for identification. The Consent Terms are signed by the parties and their Advocates. The undertakings recorded in the Consent Terms are accepted. The Chamber Summons is disposed of in terms of the Consent Terms, marked 'X'

. However, it is clarified that in the event of the Respondents committing default in making payments as undertaken, apart from the Applicants being entitled to ssp 1/2

chs 1668 of 2016 (953).sxw take out proceedings as advised, they shall also be entitled to file a fresh Chamber Summons seeking the same reliefs, which proceedings/Chamber Summons shall be decided on its own merits.

( S.J.KATHAWALLA, J. ) ssp 2/2