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Bombay High CourtIA/2720/2020disposed off

Swadha Beneficiary Trust And 2 ORS v. Maple Publication Pvt. Ltd.

2021-10-05Hon'Ble Shri Justice B.P. Colabawalla3 pages

LAXMI SUBHASH SONTAKKE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LAXMI SUBHASH SONTAKKE Date: 2021.10.07 17:34:16 +0530 ARBITRATION PETITION NO. 1015 OF 2016 Maple Publications Pvt. Ltd.

.. Petitioner Vs.

Swadha Beneficiary Trust & Ors.

.. Respondents WITH INTERIM APPLICATION NO. 2720 OF 2020 IN COMM. ARBITRATION PETITION NO. 1015 OF 2016 Swadha Beneficiary Trust & Ors.

.. Applicants

IN THE MATTER BETWEEN

Maple Publications Pvt. Ltd.

.. Petitioner Vs.

Swadha Beneficiary Trust & Ors.

.. Respondents .....

Mr. Prakash Shah i/b Prakash & Co. for the Petitioner. Mr. Ibrahim Merchant for Respondent/Applicant in IA 2720/2020. Mr. Atul Parekh, Director of Petitioner Company is present. Mr. Shrinnwaas Agarwaal, Authorized Signatory of Respondent is present.

.....

CORAM :- B.P.COLABAWALLA, J.

DATE :- OCTOBER 05, 2021.

P. C.:

1.

By order dated 12th August, 2016, the above Petition was Laxmi 1/3

disposed of by taking consent terms on record which was duly signed by the parties.

2.

Today the parties have tendered amended/modified consent terms dated 3rd September, 2021. Under the modified consent terms interest and penalty is waived. The consent terms have been signed by Mr. Atul Parekh, the Director of the Petitioner Company. He is present before this Court today. He has stated before this Court that he has signed the amended/modified consent terms dated 3rd September, 2021, after reading and understanding the same as well as implications thereof. The consent terms have also been signed by Mr. Shrinnwaas Agarwaal who is the Authorized Signatory of the Respondent Trust. He is present in Court and has stated that he has signed the consent terms on behalf of the Respondent Trust after reading and understanding the same and the implications thereof. 3.

The consent terms have also been signed by Mr. Natwarlal Agarwal who is Respondent No. 3. Though he is not present in Court today, the learned Counsel appearing on behalf of Respondents has stated that Mr. Natwarlal Agarwal has signed the amended/modified consent terms dated 3rd September, 2021 in his presence and after reading and understanding the same as well as the implications thereof. Laxmi 2/3

4.

The consent terms have also been signed by the advocates appearing on behalf of the Petitioner as well as the advocates appearing on behalf of the Respondents.

5.

In these circumstances, the consent terms dated 3rd September, 2021 are taken on record and marked 'X-1' for identification. The undertakings given in the consent terms are accepted as undertakings given to the Court. There shall be an order in terms of the amended/modified consent terms read with original consent terms dated 12th August, 2016.

6.

In view of the above facts, all parties have agreed that nothing survives in Interim Application No. 2720/2020 and the same is disposed of accordingly.

7.

All parties to act on an authenticated copy of this order of this Court.

(B. P. COLABAWALLA, J.) Laxmi 3/3