Chowdhary Motors Pvt Ltd And 2 ORS v. Mahindra And Mahindra Financial Services Ltd

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.833 OF 2018 Chowdhary Motors Private Limited and Ors.

....Petitioners V/s.

Mahindra and Mahindra Financial Services Ltd. ....Respondent ---- Ms. Shweta Maske a/w. Ms. Padmaja Shitole i/b. Mr. Amol Nehru for petitioners.

Ms. Priya Crasto for respondent.

---- CORAM : K.R.SHRIRAM, J.

DATED : 9th APRIL 2021 P.C. :

Parties have entered into consent terms dated 7th April 2021. The counsel for petitioners identifies the signature of persons who have signed for petitioner no.1, petitioner no.2 and petitioner no.3. Ms. Maske states that petitioner no.2 is authorised to sign on behalf of petitioner no.1 being a Director of petitioner no.1. Ms. Crasto states that Krutika Thakkar is authorised to sign these consent terms for respondent but in the Power of Attorney annexed to the consent terms I do not find her to be authorised to enter into any consent terms. Ms. Thakkar undertakes to file, within two weeks from today, a board resolution or a further Power of Attorney authorising her to enter into consent terms on behalf of respondent company. Undertaking accepted.

What has been filed is only a scanned copy of the consent terms and the counsel for petitioners and counsel for respondent undertake to file

2/10 the original consent terms within two weeks from today. Undertaking accepted.

For ease of reference, the consent terms is scanned and reproduced hereinbelow :

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9/10 Order in terms of the consent terms. All statements accepted as undertakings to this Court. All undertakings are also accepted. Petition accordingly stands disposed. Refund, if any, of court fees in accordance with rules.

10/10 If the Power of Attorney/Board Resolution is not so filed by respondent, the effect of these consent terms will come to an end without further reference to this Court and this Court will be constrained to commence contempt proceedings against Ms. Krutika Thakkar, respondent company and its Board of Directors.

(K.R. SHRIRAM, J.)