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Bombay High CourtIA/1645/2024disposed off

Solar Chemferts Private Limited v. Shukanto Ranabrata Ghosh

2024-06-19Hon'Ble Shri Justice Abhay Ahuja2 pages

913. IA 1645-24 in COMEX 88-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1645 OF 2024 IN COMMERCIAL EXECUTION APPLICATION NO. 88 OF 2023 Solar Chemferts Private Limited ...Applicant V/s.

Shukanto Ranabrata Ghosh & Ors.

...Respondents

Ms. Namrata Shah Saurastri with Ms. Simran Anneka Lobo i/b Krishna & Saurastri Associates LLP. For Applicant/Judgment Creditor. Mr. Akash Agarwal for Respondents No. 1 to 4.

CORAM

:

ABHAY AHUJA, J.

DATE :

19th JUNE, 2024 P.C. :

1.

This matter has been listed pursuant to order dated 26th April, 2024.

2.

When the matter is called out, both the learned Counsel submit that after the passing of the aforesaid order, the parties have entered into without prejudice negotiations for settlement under terms whereby some part of the settlement has already been worked out. However, for the entire settlement to work out and for the payments to be received in terms of the without prejudice agreement, some more time be granted.

Nikita Gadgil 1/2

913. IA 1645-24 in COMEX 88-23.doc 3.

Mr. Agarwal, learned Counsel appears for the Respondents and submits that in view of the without prejudice negotiations, the affidavits as directed by order dated 26th April, 2024 could not be filed and some more time be granted for the same, submitting however, that the statement made in paragraph 6 of the order dated 26th April, 2024, which has been accepted by the Court be continued along with the interim relief granted in paragraph 8 of the said order in terms of prayer Clause (a) of the Interim Application. 4.

The submissions made on behalf of the Respondent No. 3 as above are accepted.

5.

The statement made on behalf of the Respondent No. 3 in paragraph 6 of the order dated 26th April, 2024 to continue till the next date. The restraint against Respondent No. 4 in terms of prayer Clause (a) vide paragraph 8 of the order dated 26th April, 2024 also to continue till the next date.

5.

List on 31st July, 2024. Liberty to apply.

(ABHAY AHUJA, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2024.06.20 14:23:34 +0530 Nikita Gadgil 2/2 NIKITA YOGESH GADGIL