Tata Capital Financial Services Limited v. Kantilal J Jariwala And 5 ORS

crr 314 of 2016.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO.314 OF 2016 IN ARBITRATION PETITION NO.1236 OF 2016 Tata Capital Financial Services Ltd.

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Petitioner and Kantilal J. Jariwala and Ors.

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Respondents Mr. Mohd. Wasim Qureshi, for Purchaser.

Ms. Kotwal i/by M/s. MDP and Partners, for Petitioner. Ms. Samiksha Dusar i/by Mr. Girish Thakur, for Respondents. CORAM: S.J. KATHAWALLA, J.

DATE: 10th OCTOBER, 2016 P.C.:

1.

Not on board. Upon mentioning, taken on board. 2.

This Application is for Speaking to the Minutes of the Order dated 26th July, 2016.

3.

Clauses (i) and (ii) of paragraph No.1 shall read as under : "(i)The Offer of Ms. Priyanka Bachkaniwala and Mr. Virendra Bachkaniwala for purchase of the suit property for a consideration of Rs.7,50,00,000/- is accepted. The earnest money of Rs.75,00,000/- deposited by way of demand draft is accepted.

(ii)Ms. Priyanka Bachkaniwala and Mr. Virendra Bachkaniwala undertake to pay the balance amount on or before 15 th December, 2016, failing which they agree ssp 1/2

crr 314 of 2016.sxw that the amount of Rs.75,00,000/- paid towards earnest money shall stand forfeited. The undertaking is accepted".

4.

The Application for Speaking to the Minutes is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2