Disposed

Fatesh Kishanchand Mirchandani v. Sanjay Bhagwandas Lohia and Others

Bombay HC9 Mar 2017CARBP/122/2017

Case brief

AI extract

What is this about?

The Bombay High Court Commercial Division disposed of an Arbitration Petition based on signed consent minutes executed by the parties resolving their disputes. The Court Receiver was discharged upon payment of expenses, and previous orders were vacated.

What did the court decide?

Arbitration petition disposed of per consent minutes; Court Receiver discharged upon payment of expenses by Petitioner; previous orders vacated.

Fatesh Kishanchand Mirchandani Vs Sanjay Bhagwandas Lohia and… — Arbitration | Bombay HC (2017)

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906-CARBP-122-2017.DOC

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Jsn

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

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ARBITRATION PETITION NO. 122 OF 2017

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Fatesh Kishanchand Mirchandani…Petitioner
Versus
Sanjay Bhagwandas Lohia & Ors…Respondents

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Mr Mukesh Vashi, Senior Advocate, with Ms Aparna Deokar i/b
MP Vashi & Associates for the Petitioner.
Dr Birendra Saraf, i/b Manoj Agiwal, for the Respondent No. 1.
Mr Pravin Samdani, with Fauhan Dubash, SB Pawar & Swati
Sawant i/b SK Legal Associates for the Respondent No.2.
Ms Shravani Dalvi, i/b Shreyas Vyas for Respondent No.3.
Mr A Malvankar, Section Officer of Court Receiver present.
Mr Fatesh Kishanchand, Petitioner present.
Mr Sanjay Bhagwandas Lohia, Respondent No.1 present.
Mr Rajesh D Kotia, Partner of Respondent No. 2, in person.
Mr Suneel T Kotia, Respondent No. 3, in person.

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CORAM:G.S. PATEL, J
DATED:9th March 2017

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PC:-

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1.The Petitioner, the 1st Respondent, the 3rd Respondent and
Mr Rajesh Kotia, a Partner of the 2nd Respondent are present in
Court.

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Page 1 of 3
9th March 2017

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906-CARBP-122-2017.DOC

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2.The parties have settled their disputes. They have drawn up
consent minutes of the order. These are signed by the Petitioner, the
1st Respondent, the 3rd Respondent, and an authorised
representative of Respondent No.2. The consent minutes of the
order are taken on record and marked “X” for identification.

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3.These consent minutes have been arrived had after several
days of negotiations between the parties. The matter itself has been
listed on board before me on a number of occasions. All sides have
addressed me on one or other of the issues that were pending
negotiations and settlement more than once.

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4.Having regard to this background, I am satisfied that the
consent minutes are in order. The Petition is disposed of in
accordance with the consent minutes.

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5.On behalf of the 1st Respondent a statement is made that
clause 4 should be read or ordered to mean that the 2nd and 3rd
Respondents' claims against the 1st Respondent are limited to the
period until 25th January 2017. It is not possible to make any such
clarification or restriction. The clause as it stands has been signed by
the 1st Respondent personally. If the 1st Respondent believes that he
has a liability limited to that date to the 2nd and 3rd Respondent and
further liabilities are the responsibility of the Petitioner, he will
undoubtedly be entitled to pursue those claims against the
Petitioner. In that regard, all rights and contentions as between the
1st Respondent and the Petitioner are specifically left open.

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Page 2 of 3
9th March 2017

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906-CARBP-122-2017.DOC

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6. The Arbitration Petition is disposed of with no order as to costs.

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7.The Court Receiver has taken only symbolic possession of the
premises. The Court Receiver is to stand discharged without
passing accounts and upon payment of his costs, charges and
expenses by the Petitioner within two days from today. The Court
Receiver is at liberty to adjust these costs, charges and expenses
against the deposit already placed with him. If there is an excess,
this will be refunded; equally if there is any deficit this will be made
good by the Petitioner.

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8. It goes without saying that all previous orders stand vacated.

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9. All concerned to act on an authenticated copy of this order.

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10.A scanned copy of the Consent Minutes of the Order is to be
provided by the parties. This will be uploaded as a second order in
this matter. Unless and until this is done, the present order will not
be signed or uploaded.

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(G. S. PATEL, J.)

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Page 3 of 3
9th March 2017

Fatesh Kishanchand Mirchandani v. Sanjay Bhagwandas Lohia and Others

Case brief

What is this about?

What did the court decide?

Fatesh Kishanchand Mirchandani v. Sanjay Bhagwandas Lohia and Others

Case brief

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What did the court decide?

What the court decided

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