Mahanagar Telephone Nigam Limited, Maharashtra , Mumbai Vs M/S Unique Integrated Transport and Management Consultants Pvt. Ltd. , Mumbai and Anr.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

APPEAL (LODGING) NO.442 OF 2008 IN CHAMBER SUMMONS NO.1067 OF 2005 IN EXECUTION APPLICATION NO.21 OF 2004 IN ARBITRATION PETITION NO.261 OF 2000 IN AWARD NO.22 OF 2000

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Mahanagar Telephone Nigam Limited Through their Executive Engineer (DC), Thane Vs

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M/s. Unique Integrated Transport & Management Consultants Pvt.Ltd. and another

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... Appellant

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... Respondents

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Ms. S.I. Shah i/by M/s. S.I. Shah & Co. for the appellant. Dr. Kishore K. Khanna for the respondents.

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CORAM: SWATANTER KUMAR, C.J., & S.A. BOBDE, J.

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DATE : 13TH OCTOBER, 2008

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P.C.:

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We have heard the learned counsel appearing for the parties. The present appeal is directed against the order passed by the learned Single Judge dated 24^th July, 2008. During the course of

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hearing, the learned counsel for the parties submit that the appeal may be disposed of by the consent order, by following consent terms:

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i) The impugned order may not be interfered with by

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this court in appeal, however, subject to the following clarifications:

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(a) All reliefs shall be granted except to the extent that notice of sale of the properties of the judgment debtors though will stand restored but no effective steps will be taken regarding the properties till final determination. The Taxing Master shall conclude his proceedings expeditiously. We are informed that Taxing Master has already concluded the proceedings vide order dated 24^th September, 2008. Obviously, it is subject to the order which may be passed by the learned Single Judge. Once the amount of recovery is finalised by the court of competent jurisdiction, the sale of the property would

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commence.

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Appeal is disposed of in the above agreed terms. No order

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as to costs.

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CHIEF JUSTICE

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S.A. BOBDE, J.

Mahanagar Telephone Nigam Limited, Maharashtra , Mumbai v. M/S Unique Integrated Transport and Management Consultants Pvt. Ltd. , Mumbai and Anr.

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Mahanagar Telephone Nigam Limited, Maharashtra , Mumbai v. M/S Unique Integrated Transport and Management Consultants Pvt. Ltd. , Mumbai and Anr.

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Mahanagar Telephone Nigam Limited Thru Their Executive Engineer , Maharashtra Vs M/S Unique Integrated Transport and Management Consultants Pvt. Ltd. , Mumbai and Anr.