Bombay High Court
Axis Trustee Services Limited vs Metropolitan Infrahousing Privte ... on 28 September, 2018
Author: S.J.Kathawalla
Bench: S.J. Kathawalla
kpd 1 / 2 901-S-431-2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 431 OF 2015
WITH
DDL NO. 74 OF 2018
Runwal Residency Pvt. Ltd. ... Plaintif
Versus
Metropolitan Infra Housing Pvt. Ltd. ... Defendant
WITH
N OTICE OF MOTION NO. 1185 OF 2016
IN
SUIT NO. 431 OF 2015
WITH
COMMERCIAL SUIT NO. 179 OF 2017
WITH
NOTICE OF MOTION (L) NO. 1284 OF 2018
IN
SUIT NO. 431 OF 2015
Mr. Pravin Samdani, Senior Advocate alongwith Mr. Dhawal Mehta, Mr. Denzil
Arambhan and Ms. Apeksha Munot instructed by Wadia Ghandy & Co. for the
Plaintif.
Mr. Prakash Shah alongwith Mr. Durgaprasad Poojari instructed by PDS Legal for
Defendant No.1 in S/431/2015 and COMS/179/2017.
Mr. Rohit Lalwani instructed by Manilal Kher Ambalal & Co. for Defendant no.2 in
Suit No.431 of 2015 and for the Plaintif in COMS-179-2017.
Mr. Sajit Suvarna alongwith Mr. Samit Shukla and Mr. Krushnu Pandya instructed by
DSK Legal for Sunder Niwas Properties LLP.
CORAM : S.J. KATHAWALLA, J.
DATED : 28th SEPTEMBER, 2018 P.C.:
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kpd 2 / 2 901-S-431-2015.doc
1. It is reported that in so far as Part "A" of the Consent Terms dated 6 th August, 2018 is concerned, the same has been fully implemented. The only thing that remains outstanding is forwarding of the drawn up decree to the Collector of Stamps, Thane for adjudication of the stamp duty and after adjudication and payment of the stamp duty for registration in terms of the earlier orders passed in this matter by me. The Collector of Stamps, Thane is directed to complete the adjudication of the decree received by it with respect to Part A of the Consent Terms dated 6 th August 2018 within a period of two days from the date of receipt of the same.
2. The Prothonotary and Senior Master is directed to forthwith take steps for premature encashment of the Fixed Deposit of Rs.100 crore deposited by the Plaintif with the Bombay High Court pursuant to the Order dated 27 th October 2016 in the Appeal No. 595 of 2016 together with the interest accrued on such amount of Rs.100 Crore and to retain the aforesaid amount of Rs.100 Crore and the accrued interest thereon in the bank account of the Prothonotary and Senior Master Account, Bombay until further orders by this Court in respect of the same.
3. The Learned Advocate appearing for the Plaintif states that they will complete the transaction on or before 3rd October, 2018. The statement is accepted. Stand over to 3rd October, 2018 at 9.30 a.m. ( S.J.KATHAWALLA, J. ) ::: Uploaded on - 01/10/2018 ::: Downloaded on - 02/10/2018 00:53:21 :::