Bharat Kishormal Shah v. Ramesh Sumermal Shah

904. COMEX 41 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL EXECUTION APPLICATION NO. 41 OF Bharat Kishormal Shah ...Applicant vs.

Ramesh Sumeral Shah

...Respondent

***** Mr. H. S. Khokhawala and Mr. I. J. Nankani i/by M/s. Nankani and Associates - Advocate for the Judgment Creditors Mr. Chirag Sarawagi i/by Tushar Goradia - Advocate for the Judgment Debtors Mr. Bharat K. Shah - Judgment Creditor No. 1 present Mr. Palash B. Shah - Judgment Creditor No. 2 present Mr. Ramesh Shah, Judgment Debtor No. 1 present Mr. Rahuul Shah, Judgment Debtor No. 2 and Partner of Judgment Debtor Nos. 4, 5 and Director of Judgment Debtor No. 6 present in Court ***** CORAM :

S. M. MODAK, J.

DATE :

31st OCTOBER 2023 P. C. :- 1.

Heard learned Advocate for the Judgment Creditors and learned Advocate for the Judgment debtors.

2.

Both the parties have entered into Consent terms. All of them have signed. It is taken on record and marked as "Annexure-X".

3.

This is an execution of the interim Arbitral Award No. 2 by SEEMA KSHITIJ YELKAR Date:

2023.11.01 18:31:31 +0530 SEEMA KSHITIJ YELKAR Seema 1/2

904. COMEX 41 of 2023.doc dated 06/10/2022. The bank accounts of the judgment debtors are also attached.

4.

Now the judgment debtors have issued cheques to the judgment creditors. It is mentioned in para no. 5. These are all post dated cheques. Parties have agreed that once the Consent terms are taken on record, the bank accounts described in para no. 6(b) will stand de-freezed.

5.

The following parties are present:- (i) Both the judgment creditors are present.

(ii) Judgment debtor nos. 1 and 2 are present. (iii) Judgment Debtor no. 2 has signed as a partner of Judgment Debtor Nos. 4, 5 and as a director of judgment debtor no. 6. He is present.

6.

Parties present agreed to the terms of the Consent terms. Resolutions by the judgment debtors nos. 4, 5 and 6 thereby authorizing judgment debtor no. 2 to sign these Consent terms are annexed. The undertaking in the Consent terms is considered as undertaking given to this Court. 7.

In view of that Execution application is disposed of. 8.

Interim application, if any, also stands disposed of. 9.

Parties to act upon an authenticated copy of this Order. [S. M. MODAK, J.] Seema 2/2