Bombay High Court
Investcorp Private Equity Fund I vs Gmr Infrastructure Ltd And 2 Ors on 12 October, 2022
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
Digitally signed
11 carbp 651-21..doc
by LAXMI
LAXMI SUBHASH
SONTAKKE
SUBHASH Date:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SONTAKKE 2022.10.13
15:36:04
+0530
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL ARBITRATION PETITION NO. 651 OF 2021
Investcorp Private Equity Fund I ..Petitioner
Vs.
GMR Infrastructure Ltd. & Ors. ..Respondents
Mr. Dhaval Vora i/b. AZB & Partners, for the Petitioner.
Ms. Nikita Mishra a/w Anuja Bhansali i/b. M/s. Rashmikant &
Partners for the Respondent No. 1 and 4.
Mr. Varun Laul, Representative of the Petitioner is present.
Mr. Shreekumar Krishnan, Authorized Signatory of Respondent No.4
is present.
CORAM:- B. P. COLABAWALLA,J.
DATE :- OCTOBER 12, 2022. P. C.:
1. In the above matter, originally, Consent Terms dated 29 th September, 2021 were filed and the same were taken on record by this Court by order dated 29th November, 2021. The said order recorded that the disputes between the Petitioner and Respondent No.1 were settled as recorded in the said Consent Terms.
Laxmi page 1 of 3
11 carbp 651-21..doc
2. As far as Respondent Nos. 2 and 3 are concerned, no relief was claimed against them in the Petition and it was recorded that the Consent Terms dated 29th September, 2021 in no way prejudiced the rights and contentions of Respondent Nos. 2 and 3 who have a claim against the 1st Respondent Company. In these circumstances, the consent terms dated 29th September, 2021 were taken on record and marked 'X' for identification.
3. Today the parties, namely, the Petitioner and Respondent Nos. 1 and 4 have tendered the Supplementary Consent Terms dated 3 rd October, 2022. These Supplementary Consent Terms seek to modify the Consent Terms dated 29th September, 2021 as more particularly set out therein.
4. The Supplementary Consent Terms have been signed by the Authorized Signatory of the Petitioner as well as the Authorized Signatory of Respondent No. 1 and 4 respectively. The Authorized Signatory of the Petitioner as well as that of Respondent No.4 are present in Court today. They have stated before the Court that they have signed the Supplementary Consent Terms of their own free volition and after reading and understanding the same as well as the implications thereof.
Laxmi page 2 of 3
11 carbp 651-21..doc
5. As far as the Authorized Signatory of Respondent No.1 is concerned, he is not present in Court today. However, the Advocates for the 1st Respondent have stated before the Court that they have received email confirmation from the Authorized Signatory of Respondent No.1 confirming that he has read and understood the Supplementary Consent Terms and only thereafter signed the same.
6. The Supplementary Consent Terms are also signed by the Advocates for the Petitioner as well as the Advocates for Respondent Nos. 1 and 4.
7. In these circumstances, the Supplementary Consent Terms dated 3rd October, 2022 are taken on record and marked "X-1" for identification. There shall be an order in terms of these consent terms read with the original Consent Terms dated 29th September, 2021.
8. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
( B. P. COLABAWALLA, J. ) Laxmi page 3 of 3