At And T Global Network Services India Private Limited v. C59 Property Holdings Private Limited
6-CARBP-248-2024.DOC Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION NO. 248 OF 2024 AT And T Global Network Services India Private
...Petitioner
Limited
Versus
C59 Property Holdings Private Limited
...Respondent
Mr Kunal Dwarkadas, with Peshwan Jehangir, Roselin Alex & Ishriita Bagchi, i/b Khaitan & Co, for the Petitioner. Mr Ashraf Diamondwala, for the Respondent.
CORAM:
ARIF S. DOCTOR, J SHEPHALI SANJAY MORMARE DATED:
23rd September 2024 PC:- SHEPHALI SANJAY MORMARE Date: 2024.09.24 10:44:17 +0530 1.
Parties have today tendered Consent Terms by which the disputes and differences between the Petitioner and the Respondent had been settled in the terms recorded in the Consent Terms. Mr Dwarkadas, Learned Counsel appearing on behalf of the Petitioner submits that under the Consent Terms the Respondent has handed over three post dated cheques. He submits that these three post dated cheques should be presented and payment should be cleared on or before 21st November 2024. Since in the event there is any dishonour of any of the cheque, the Petitioner would have to take further steps in terms of securing interim reliefs in favor of the Petitioners. He also stated that
6-CARBP-248-2024.DOC the Consent Terms in paragraph 3.5 had some undertakings which undertakings would have to be accepted by this Court. There has been no opposition to what has been submitted by Mr Dwarkadas. Pursuant to previous order, the execution of Consent Terms has also been duly verified by the Affirming Officer/Associate of the Original Side and hence the same are marked as "X" for identification with today's date. 2.
The Consent Terms will be uploaded as the second order in this matter.
3.
The undertakings, if any, in the Consent Terms are accepted as undertakings to the Court.
4.
A soft copy of the Consent Terms will be uploaded as the second order in the matter. The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course. 5.
List the matter for directions on 28th November 2024. (ARIF S. DOCTOR, J)