High CourtsSingle Bench(2022) 02 BOM CK 0005

Bhagwan Thadhani @ Bhagwan Thadani And Others vs Tridhaatu Asset Holding LLP & Anr

Bombay High Court · Decided on 2 February 2022

HON’BLE JUDGES
B.P.Colabawalla, J
CASE NUMBER
Interim Application (L) No. 22694, 27999, 29149 Of 2021 In Commercial Execution Application (L) No. 22692 Of 2021 In Commercial Summary Suit No. 4 Of 2020

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Judgment

14 paragraphs · 289 words

B.P.Colabawalla, J

1.

By order dated 4th January, 2022, Consent Minutes of Order were taken on record and marked “Xâ€​ for identification. The aforesaid Consent

Minutes of Order, inter-alia stipulated that the partners of the Judgment Debtors jointly and severally undertook to pay to the Judgment Creditor a sum

of Rs. 20 Crores on or before 31st January, 2022. It was in these circumstances, that the above matters were kept today for reporting compliance.

2.

Today, when the matter is called out, Mr. More, the learned advocate appearing on behalf of the Judgment Debtors, has fairly stated that the

Judgment Debtors have not been able to comply with the Consent Minutes of Order dated 4th January, 2022. He stated that because of the sudden

third wave of the COVID-19 pandemic, the Judgment Debtors have not been able to arrange payment of Rs. 20 Crores to the Judgment Creditors.

He therefore sought indulgence in this Court and undertook, on instructions, that the Judgment Debtors shall definitely pay a sum of Rs.12 Crores on

or before 16th February, 2022 and shall also approach the Judgment Creditor to work out the modalities for payment of the balance amount.

3.

Purely out of mercy, one last chance is given to the Judgment Debtors. The Judgment Debtors, as per the undertaking given to the Court, shall pay

the sum of Rs.12 Crores to the Judgment Creditor on or before 16th February, 2022.

4.

It is needless to clarify that this extension is granted without prejudice to the rights and contentions of the Judgment Creditor.

5.

Stand over to 17th February, 2022.

6.

All parties to act on an authenticated copy of this order digitally signed by the Personal Assistant /Private Secretary/Associate of this Court.