M/S. Vaneet Enterprises v. Mr.Vijay Mehta

905-EXA-856-11.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO. 856 OF 2011 Vaneet Enterprises ...Claimant

Versus

Mr. Vijay Mehta & Anr.

...Respondents

---------- Mr. Karansingh B. Rajput, for the Claimant.

Mr. Kanal Khushalani, i/by Crawford Baylay & Co., for the Defendant. ---------- CORAM : R.I. CHAGLA J.

DATE : 19 September 2019 ORDER :

1.

The parties have arrived at the settlement in the matter. The learned Counsel for the respective parties tenders the Consent Terms which have been executed by the Claimant's authorised signatory Surinder Makkar as well as the Respondent No. 1 and Respondent No. 2. By the said Consent Terms, the Claimant has agreed to accept the sum of Rs. 37,00,000/- which is being paid by the Respondents in full and final settlement amount and upon receipt thereof the Claimant will take necessary steps to withdraw the Execution Application and all other proceedings including warrant of 1 / September 19, 2019

905-EXA-856-11.doc attachment dated 11th July 2019 within a period of seven days. 2.

The Undertakings are in Clauses 3 and 7 of the Consent Terms which are treated as Undertakings to this Court. The Consent Terms are taken on record and marked "X" for identification. 3.

The learned Counsel for the Claimant states that the sum of Rs. 37,00,000/- is paid today by the Respondents by way of Demand Draft No. 842544 dated 17th September 2019 in favour of the Claimant.

4.

Accordingly, the Claimant is permitted to withdraw the Execution Application and all other proceedings therein including warrant of attachment dated 11th July 2019 and any other such warrant of attachment connected thereto.

5.

The Execution Application is accordingly, disposed of in terms of the Consent Terms.

[R.I. CHAGLA J.] 2 / September 19, 2019