John Joseph Anthony Alphanso v. Nitin K. Gandhi And 2 ORS

by HEMANT CHANDERSEN SHIV Date:

2023.10.04 18:33:41 +0530 HEMANT CHANDERSEN SHIV 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO.362 OF 2007 WITH CHAMBER SUMMONS NO.1218 OF 2008 IN EXECUTION APPLICATION NO.362 OF 2007 John Joseph Anthony Alphonso ...Applicant vs.

Nitin K. Gandhi & Ors.

...Respondents

Mr. Pranav Chavan with Mr. Dipesh Palwankar i/b Mahesh Menon & Co. for the Plaintiffs/Applicants.

Mr. Yashodhan V. Divekar with Mr. Pawan Rajpal i/b Divekar & Co. for Defendant Nos.1 and 2.

CORAM : S. M. MODAK, J.

DATED : 27TH SEPTEMBER 2023 P. C. :

1.

Heard learned Advocate for respective parties. 2.

Execution Application No.362 of 2007 was filed in Suit No.3802 of 2001. The Consent Terms were executed in the suit. There were three Respondents in the said Execution. That Execution Application was dismissed under Rule 329 of the High Court Original Side Rules, as per order dated 24th September 2012.

2/3 3.

As the Execution Application is already disposed of but still the parties have settled the matter by considering that the Execution Application is pending. For record purpose, the Execution Application is restored and be considered that the Execution is also disposed of in view of the Consent Terms.

4.

There was an attachment order passed in the Execution Application. This Chamber Summons is moved on behalf of Original Defendant No.1 for raising attachment levied pursuant to the warrant of attachment on the properties described therein. In the meantime the Plaintiff and two Defendant have settled the matter. They have entered into the Consent Terms. It is taken on record and marked as Annexure "X". It is submitted that third defendant is not concerned with the dispute. It is signed by the Plaintiff and both Defendants.

5.

Today, both Defendants are present. They are identified by the respective Advocates. Though the Plaintiff has signed on the Consent Terms, he is not present but his power of attorney is present. Copy of the Power of Attorney is tendered, which is marked as Annexure "X-1".

3/3 6.

In view of this Chamber Summons is disposed of in terms of the Consent Terms. The terms mentioned in the Consent terms be considered as an undertaking given to this Court. Interim orders, if any, stand vacated. [S. M. MODAK, J.]