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[Cites 1, Cited by 81]

Bombay High Court

National Spot Exchange Limited vs Tavishi Enterprises Pvt. Ltd. And 9 ... on 1 November, 2018

Author: S.C. Gupte

Bench: S.C. Gupte

                                                                                                                                    nmcd26-15.doc

                    sg     
  
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY    

                          ORDINARY ORIGINAL CIVIL JURISDICTION

                                 NOTICE OF MOTION NO.26 OF 2015
                                               IN
                                 COMMERCIAL SUIT NO.85 OF 2015

               National Spot Exchange Limited              ...Plaintiff
                                    vs
               Tavishi Enterprises Pvt. Ltd. And 9 Others    ...Defendants
                                           WITH
                            NOTICE OF MOTION NO.27 OF 2015
                                              IN
                             COMMERCIAL SUIT NO.85 OF 2015
                                           WITH
                            NOTICE OF MOTION NO.93 OF 2016
                                              IN
                             COMMERCIAL SUIT NO.85 OF 2015
                                           WITH
                            NOTICE OF MOTION NO.92 OF 2016
                                              IN
                             COMMERCIAL SUIT NO.85 OF 2015
                                           WITH
                            NOTICE OF MOTION NO.29 OF 2015
                                              IN
                             COMMERCIAL SUIT NO.85 OF 2015
                                           WITH
                            NOTICE OF MOTION NO.28 OF 2015
                                              IN
                             COMMERCIAL SUIT NO.85 OF 2015
                                           WITH
                           NOTICE OF MOTION NO.105 OF 2015
                                              IN
                             COMMERCIAL SUIT NO.80 OF 2015
                                           WITH
                           NOTICE OF MOTION NO.106 OF 2015
                                              IN
                             COMMERCIAL SUIT NO.80 OF 2015

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                               WITH
           NOTICE OF MOTION NO.337 OF 2016
                                 IN
            COMMERCIAL SUIT NO.80 OF 2015
                               WITH
           NOTICE OF MOTION NO.107 OF 2015
                                 IN
            COMMERCIAL SUIT NO.80 OF 2015
                               WITH
           NOTICE OF MOTION NO.108 OF 2015
                                 IN
            COMMERCIAL SUIT NO.80 OF 2015
                               WITH
           NOTICE OF MOTION NO.109 OF 2015
                                 IN
            COMMERCIAL SUIT NO.80 OF 2015
                               WITH
           NOTICE OF MOTION NO.110 OF 2015
                                 IN
            COMMERCIAL SUIT NO.80 OF 2015
                               WITH
           NOTICE OF MOTION NO.336 OF 2015
                                 IN
            COMMERCIAL SUIT NO.80 OF 2015
                               WITH
           NOTICE OF MOTION NO.338 OF 2016
                                 IN
            COMMERCIAL SUIT NO.80 OF 2015
                               WITH
           NOTICE OF MOTION NO.339 OF 2016
                                 IN
            COMMERCIAL SUIT NO.80 OF 2015
                                        .....
Mr.   Shashank   Trivedi,     i/b.   Naik   Naik   &   Co.,   for   the   Plaintiff   in
COMS/80/2015   and   COMS/85/2015   and   for   the   Applicant   in
NMCD/26/2015.

Mr. Girish Godbole, a/w. Mr. Vijay Singh and Mr. Pushkraj Deshpande,
i/b.   Mr.   Vinay   J.   Bhanushali,   for   Defendant   Nos.   1   to   10   in
COMS/85/2015.


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Mr. Pradeep Sancheti, Senior Advocate, a/w. Mr. Vijay Singh and Mr.
Pushkraj Deshpande, i/b. Mr. Vinay J. Bhanushali, for Defendant Nos 1
to 12 in COMS/80/2015.

Mr.   Kevic   Setalvad,   Senior   Advocate,   a/w.   Mr.   Vijay   Singh   and   Mr.
Pushkraj Deshpande, i/b. Mr. Vinay J. Bhanushali, for Defendant Nos. 13
to 17 in COMS/80/2015.

Mr. Pradeep Sancheti, Senior Advocate, Mr. Vishal Maheshwari, i/b. VM
Legal, for Defendant Nos. 1 to 4 in S/432-2015.

Ms.   Ursula   Misquitta,   i/b.   Raval   Shah   &   Co.,   for   the   Applicant   in
CHS/358/2017.
                                       ......
                              CORAM :  S.C. GUPTE, J.

DATED: 1 NOVEMBER, 2018 P.C. :

. Notice of Motion No.26 of 2015 is taken out in a suit, where, as of date, it is an admitted position that there is a conciliation award. A settlement agreement between the parties arrived at under Section 73 of the Arbitration and Conciliation Act has been signed by the parties and authenticated by the conciliator. The agreement has an effect of an arbitral award. Since the controversy in the present suit has thus been adjudicated upon and disposed of in terms of the settlement agreement, it is agreed between learned Counsel for all parties that the present suit does not survive and may be disposed of; instead the Plaintiff may be permitted to apply for execution of the settlement agreement as an arbitral award. All rights and contentions on merits of the execution, including compliance with any pre-condition for execution, are kept open. Commercial Suit Nos. 80 of 2015 and 85 of 2015 stand disposed of accordingly.
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2. Since Commercial Suit No.85 of 2015 is disposed of, the interlocutory proceedings therein, namely, Notices of Motion Nos. 27 of 2015, 93 of 2016, 92 of 2016, 29 of 2015 and 28 of 2015 also stand disposed of. So also, since Commercial Suit No. 80 of 2015 is disposed of, the notices of motion taken out therein do not survive. Accordingly, Notices of Motion Nos.105 of 2015, 106 of 2015, 337 of 2016, 107 of 2015, 108 of 2015, 109 of 2015, 110 of 2015, 336 of 2016, 338 of 2016, 107 of 2015 and 339 of 2016 stand disposed of.

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