Suit allowed to be withdrawn as settled. Court Receiver ordered to return specific assets to defendants without passing accounts upon payment of return expenses.
Suit withdrawn. Court Receiver to return properties to defendants without accounts. Rs. 5,000 costs to Plaintiff.
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1012-COMSS-33-2023-CRR-42-2024-IA(L)-12360-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL SUMMARY SUIT NO.33 OF 2023
WITH
COURT RECEIVER’S REPORT NO.42 OF 2024
IN
COMMERCIAL SUMMARY SUIT NO.33 OF 2023
WITH
INTERIM APPLICATION (L) NO.12360 OF 2023
IN
COMMERCIAL SUMMARY SUIT NO.33 OF 2023
ECAP EQUITIES LIMITED
)...PLAINTIFF
V/s.
WELLDONE SOFTWARE CONSULTANCY)
PRIVATE LIMITED AND OTHERS)...DEFENDANTS
Mr.Rohan Savant a/w. Mr.Sachin Chandarana a/w. Mr.Aagam Mehta
i/by M/s.Manilal Kher Ambalal & Co., Advocate for the Plaintiff.
Mr.Shaishir Divatia i/by Uttam Rane, Advocate for the Defendant No.4.
Mr.Vinod Parekh and Mr.Navnit Choudhary, Authorized Representatives
for the Defendants No.1, 2 and 3, present in Court.
Mr.S.K.Dhekale, Court Receiver, present in Court.
CORAM:ABHAY AHUJA, J.
P.C. :
1. This circulation has been sought on behalf of the Plaintiff.
2. When the matter is called out, Mr.Savant, learned Counsel for the
Applicant/Original Plaintiff appears and submits, on instructions, that
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1012-COMSS-33-2023-CRR-42-2024-IA(L)-12360-2023.doc
suit be allowed to be withdrawn as the matter has been settled out of
Court between the parties.
3.Mr.Vinod Parikh, Authorized Representative on behalf of
Defendants no.1, 2 and 3 is personally present in Court and submits an
authorization which has been duly verified by the learned Associate of
this Court. Mr.Parikh confirms the statement made on behalf of the
learned Counsel for the Applicant/Original Plaintiff and has no
objection if the suit is allowed to be withdrawn.
4. Mr.Shaishir Divatia, learned Counsel for the Defendant no.4, has no objection if the suit is allowed to be withdrawn.
5.The learned Court Receiver is present in Court and seeks
directions with respect to the properties, movable and immovable,
possession whereof was taken by the learned Court Receiver pursuant
to earlier orders of this Court in Commercial Execution Application (L)
No.381 of 2019, which Court Receiver was continued by order dated
12th January 2024 of this Court in Interim Application (L) No.12360 of
2023 in the Commercial Summary Suit sought to be withdrawn.
6. The learned Court Receiver has submitted that as part of the assets, there are twelve watches of which possession was received from
avk 2/4
1012-COMSS-33-2023-CRR-42-2024-IA(L)-12360-2023.doc
the Enforcement Directorate, as at that time their possession was with
the Enforcement Directorate and seeks instructions as to whom those
watches are to be returned.
7.Mr.Parikh, Authorized Representative of Defendants no.1 to 3,
and Mr.Divatia, learned Counsel for the Defendant no.4, jointly submit,
on instructions, that they have no objection if the twelve watches are
returned to the Defendant no.2. Further, that the Defendants agree
that any charges incurred by the Court Receiver towards the return of
the property/assets shall be borne by the respective Defendants.
8. In view of the above submissions, the following order is passed :
(i) The Suit is allowed to be withdrawn and disposed as such.(ii) All pending Interim Applications and the Court Receiver’s Report No.42 of 2024 also to accordingly stand disposed.(iii)The ad-interim / interim injunctions accordingly to stand vacated.
(iv)Refund of Court fees as per Rules.
(v) The Court Receiver, High Court, Bombay, appointed as above in respect of the properties described in the affidavit of disclosure dated 27th June 2023 and in the Court Receiver’s Report No.42 of 2024 dated 23rd January 2024, symbolic/physical possessionavk 3/4
1012-COMSS-33-2023-CRR-42-2024-IA(L)-12360-2023.doc
whereof was taken by the learned Court Receiver, to return the
symbolic/physical possession of the said properties to the
respective Defendants from whom the symbolic/physical
possession was taken, at the earliest, preferably within a period of
three weeks and thereafter the learned Court Receiver to stand
discharged without passing of accounts, subject to payment of cost
charges and expenses and any charges incurred by the Court
Receiver towards the return of the properties/assets be paid before
the handing over/return of possession of the said properties by the
respective Defendants.
(vi)However, the learned Court Receiver to return the said twelve watches to the Defendant no.2 alone.(vii)The costs of Rs.5,000/- with respect to Court Receiver’s Report
No.42 of 2024 to be paid by the Plaintiff/Applicant within a
period of two weeks.
(ABHAY AHUJA, J.)
avk 4/4
Digitally signed by ARTI ARTI VILASKHATATE VILAS KHATATE Date:2024.04.02 20:38:41 +0530
ECAP EQUITIES LIMITED
WELLDONE SOFTWARE CONSULTANCY PRIVATE LIMITED AND OTHERS
ABHAY AHUJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court