Asha Dilip Doshi And ANR v. Avi Housing Realtors And 4 ORS
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1048 OF 2016 Smt.Asha Dilip Doshi & Anr.
..Petitioners Vs.
Avi Housing Realtors & Ors.
..Respondents WITH CONTEMPT PETITION (L.) NO.106 OF 2018 IN ARBITRATION PETITION NO.1048 OF 2016 Mukesh Udani ..Petitioner Vs.
Avi Housing Realtors & Ors.
..Respondents WITH CHAMBER SUMMONS (L.) NO.708 OF 2018 IN ARBITRATION PETITION NO.1048 OF 2016 Ashok Ratilal Miyani & Anr.
..Applicants In the matter between Smt.Asha Dilip Doshi & Anr.
..Petitioners Vs.
Avi Housing Realtors & Ors.
..Respondents ----- Mr.Ketan Parekh i/b. Mr.K.R. Parekh for Petitioners. Mr.D.N. Salvi with Mr.Sahil Salvi, Mr.Aditya Raktade for Petitioners in CONPL No.106/18 & for Respondent No.5.
Mr.Hemang Raythatta i/b. N/s.RMG Law Associates for Applicant in CHSL No.708/18.
Mr.Bipin Joshi with Mr.Prayag Joshi, Mr.Sahil Ansari for Respondent Nos.1 to 3.
Ms.Laxmi Murali i/b. M/s.Laxmi Murali & Associates for Respondent Nos.4, 7 to 17.
Mrs.R.U. Karunakar, S.O., Court Receiver Office. ----- CORAM :
G.S. KULKARNI, J.
DATE : 5th JULY, 2019
P.C.:
Heard learned counsel for the parties.
2.
Leave to amend in terms of draft amendment. Amendment to be carried out during the course of the day. Reverification is dispensed with.
3.
Petition is accordingly taken up for hearing. 4.
Learned counsel for the parties have tendered Minutes of Order dated 5th July, 2019 wherein it is stated that the disputes between the parties stand settled in terms of consent terms as entered between the petitioner and respondent nos. 1 to 3 (marked "Z" for identification), between respondent nos. 1 to 4 and respondent nos. 7 to 19 )marked "Y" for identification) and respondent nos. 1 to 3 and respondent nos. 5 and 6 (marked "X" for identification). All the signatories to the consent terms are present in the Court. They are accordingly identified by their respective advocates. Respondent no. 6 is identified by Mr. Salvi, learned counsel for respondent no. 5. There is no dispute in regard to the signatures made on these 3 sets of consent terms. They are accordingly taken on record. The undertakings in the consent terms stand accepted.
5.
Petition is accordingly disposed of in terms of Minutes of Order as tendered by learned counsel for the parties and in terms of the consent terms.
6.
In view of disposal of Arbitration Petition, learned counsel for the petitioner in Contempt Petition (L) No. 106 of 2018 press for withdrawal of the Contempt Petition. It is accordingly permitted to be withdrawn. Contempt Petition is accordingly disposed of. 7.
In view of disputes being settled, the Court Receiver stands discharged without passing accounts, however, subject to payment of charges to be paid within a period of three weeks from today. 8.
Chamber Summons (L) No. 708 of 2018 stands disposed of. [G.S. KULKARNI, J.]