Bombay High Court
Tata Capital Financial Services ... vs Kunal Structure (India) Private ... on 10 February, 2022
Author: G.S. Kulkarni
Bench: G.S. Kulkarni
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Prajakta Vartak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO. 6 OF 2022
Tata Capital Financial Services Limited ..Petitioner
Vs.
Kunal Structure (India) Pvt. Ltd. & Ors. ..Respondents
AND
ARBITRATION APPLICATION (L.) NO. 3626 OF 2022
Kunal Structure (India) Pvt. Ltd. ..Applicant
Vs.
Tata Capital Financial Services Limited ..Respondent
AND
ARBITRATION PETITION NO. 10 OF 2022
Tata Capital Financial Services Limited ..Petitioner
Vs.
Kunal Structure (India) Pvt. Ltd. & Ors. ..Respondents
AND
ARBITRATION APPLICATION NO. 29 OF 2022
Kunal Structure (India) Pvt. Ltd. & Ors. ..Applicants
Vs.
Tata Capital Financial Services Limited ..Respondent
AND
ARBITRATION PETITION NO. 11 OF 2022
Tata Capital Financial Services Limited ..Petitioner
Vs.
Kunal Structure (India) Pvt. Ltd. & Ors. ..Respondents
AND
ARBITRATION APPLICATION (L.) NO. 2364 OF 2022
Kunal Structure (India) Pvt. Ltd. & Ors. ..Applicants
Vs.
Tata Capital Financial Services Limited ..Respondent
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AND
ARBITRATION PETITION NO. 12 OF 2022
Tata Capital Financial Services Limited ..Petitioner
Vs.
Kunal Structure (India) Pvt. Ltd. & Anr. ..Respondents
AND
ARBITRATION APPLICATION NO. 23 OF 2022
Kunal Structure (India) Pvt. Ltd. & Anr. ..Applicants
Vs.
Tata Capital Financial Services Limited ..Respondent
AND
COMMERCIAL ARBITRATION PETITION NO. 13 OF 2022
Tata Capital Financial Services Limited ..Petitioner
Vs.
Kunal Structure (India) Pvt. Ltd. & Ors. ..Respondents
AND
ARBITRATION APPLICATION (L.) NO. 3623 OF 2022
Kunal Structure (India) Pvt. Ltd. ..Applicant
Vs.
Tata Capital Financial Services Limited ..Respondent
AND
COMMERCIAL ARBITRATION PETITION NO. 14 OF 2022
Tata Capital Financial Services Limited ..Petitioner
Vs.
Kunal Structure (India) Pvt. Ltd. & Ors. ..Respondents
AND
ARBITRATION APPLICATION (L.) NO. 3630 OF 2022
Kunal Structure (India) Pvt. Ltd. ..Applicant
Vs.
Tata Capital Financial Services Limited ..Respondent
3 901-arbp 6-22@arbapl 3626-22 grp
AND
COMMERCIAL ARBITRATION PETITION NO. 21 OF 2022
Tata Capital Financial Services Limited ..Petitioner
Vs.
Kunal Structure (India) Pvt. Ltd. & Ors. ..Respondents
AND
ARBITRATION APPLICATION (L.) NO. 3625 OF 2022
Kunal Structure (India) Pvt. Ltd. ..Applicant
Vs.
Tata Capital Financial Services Limited ..Respondent
AND
ARBITRATION APPLICATION (L.) NO. 31559 OF 2021
Kunal Structure (India) Pvt. Ltd. & Anr. ..Applicants
Vs.
Tata Capital Financial Services Limited ..Respondent
AND
ARBITRATION APPLICATION (L.) NO. 31567 OF 2021
Kunal Structure (India) Pvt. Ltd. & Ors. ..Applicants
Vs.
Tata Capital Financial Services Limited ..Respondent
AND
ARBITRATION APPLICATION (L.) NO. 31590 OF 2021
Kunal Structure (India) Pvt. Ltd. & Anr. ..Applicants
Vs.
Tata Capital Financial Services Limited ..Respondent
AND
ARBITRATION APPLICATION (L.) NO. 31597 OF 2021
Kunal Structure (India) Pvt. Ltd. & Ors. ..Applicants
Vs.
Tata Capital Financial Services Limited ..Respondent
4 901-arbp 6-22@arbapl 3626-22 grp
AND
ARBITRATION APPLICATION (L.) NO. 31600 OF 2021
Kunal Structure (India) Pvt. Ltd. & Ors. ..Applicants
Vs.
Tata Capital Financial Services Limited ..Respondent
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Mr. Aseem Naphade with Mr. Nikhil Mehta i/b. KMC Legal Venture for
Petitioners.
Mr. Vishwas Shah with Mr. Raj Adhia i/b. Ekta Raj Dalvi for Applicants
in ARBAPL No. 3626/22, ARBAPL No. 3623/22, ARBAPL No. 3630/22,
ARBAPL No. 3625/22.
Mr. Vishwas Shah with Mr. Raj Adhia i/b. Ekta Raj Dalvi for Respondents
in ARBAPL No. 3626/22, ARBAPL No. 3623/22, ARBAPL No. 3630/22,
ARBAPL No. 3625/22.
Mr. Vishwas Shah with Mr. Akshay Shah for Applicant in ARBAPL No.
31559/21, ARBAPL No. 31567/22, ARBAPL No. 31590/22, ARBAPL No.
31597/22 and ARBAPL No. 31600/21.
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CORAM : G.S. KULKARNI, J.
DATE : FEBRUARY 10, 2022. P.C.:
1. After having heard learned counsel for the parties, in my opinion, a last opportunity needs to be made available to the respondents to work out a settlement with the petitioners so that the parties can discuss the manner and method in which the accounts which are defaulted can be regularized substantially. Both the learned counsel for the parties agree that a meeting can be held between their respective clients and the advocates so that an endeavour can be made to resolve the disputes.
2. Mr. Naphade, learned counsel for the petitioners has pointed out that by an order dated 08 February, 2022 passed by this Court the respondent was directed to furnish to the petitioners the whereabouts of all vehicles and their locations, however, such order has not been complied.
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3. Mr. Shah, learned counsel for the respondent makes a statement that his client shall during the course of the day inform the whereabouts of the vehicles in question to the petitioners. Let such directions of the Court be complied during the course of the day. There shall not be any further extension in this regard.
4. Accordingly, stand over to 17 February, 2022. To be listed on the supplementary board.
5. In the meantime, the respondent shall not deal with the mortgaged property.
6. It is clarified that in the event a settlement between the parties is not brought, the Court would hear the parties and pass appropriate orders on the adjourned date of hearing.
[G.S. KULKARNI, J.]
Digitally signed
by PRAJAKTA
PRAJAKTA SAGAR
VARTAK
SAGAR Date:
VARTAK 2022.02.10
18:41:26
+0530