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Bombay High CourtCARBP/26/2025disposed off

Siemens Financial Services Private Limited v. Shakthi Imagaing And Diagnostics Pvt Ltd

2025-03-20Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

P-1- CARBP-26-2025 copy.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by RUSHIKESH VISHNU PATIL Date:

2025.03.24 19:06:04 +0530 RUSHIKESH VISHNU PATIL ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO.26 OF 2025 WITH INTERIM APPLICATION (L) NO. 20671 OF 2024 IN COMMERCIAL ARBITRATION PETITION NO. 26 OF Siemens Financial Services Pvt. Ltd.

...Petitioner/

Applicant

Versus

Shakthi Imaging & Diagnostics Pvt.

Ltd. & Ors.

...Respondents

Ms Diksha Tripathi, i/b India Law LLP, Advocate for the Applicant/Petitioner.

Mr. Rajesh Singh, Advocate for Respondent Nos. 1 to 5.

Mr. Gajanan G. Surve, Master (Adm.) Office of the Court Receiver present.

CORAM : SOMASEKHAR SUNDARESAN, J.

DATE : MARCH 20, 2025 PC :

1.

Not on Board. Upon mentioning taken on Board. 2.

Learned Counsel for the parties jointly submit that all disputes and differences between them stand settled, with March 20, 2025

P-1- CARBP-26-2025 copy.docx the Respondents handing over a Demand Draft in the same sum as had been directed to be deposited with the Registry of this Court, namely, Rs.47,18,086/-. In view of the Demand Draft having been handed over to the Petitioner, both parties jointly submit that these proceedings may be finally disposed of since the acceptance of the Demand Draft now represents a full and final settlement of the dispute between the parties. 3.

The Petitioner shall issue a 'No Dues Certificate' within seven days of realization of the payment is handed over to the Respondents.

4.

The Section 9 Petition is finally disposed of in the aforesaid terms.

5.

The Section 11 Commercial Arbitration Application (L) No.18731 of 2024 being lying also stands finally disposed of.

6.

The Court Receiver stands discharged without needing to pass any accounts subject to payment of costs as per the Rules.

7.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[SOMASEKHAR SUNDARESAN, J.] March 20, 2025 R.V.Patil