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2015 Supreme(Bom) 68

MOHIT S.SHAH, B.P.COLABAWALLA
Dewanchand Ramsaran Trading Pvt. Ltd. – Appellant
Versus
IL and FS Financial Services Ltd. – Respondent


Advocates Appeared:
For the Appellants:Dr. Milind Sathe, Sr. Counsel with Simil Purohit, Ashok Paranjape, Aparna Wagle, Radhika Dixit i/b M/s MDP & Partners, Advocates. For the Respondents:R1 & R2, Ravi Kadam, Sr. Counsel with Dr. Birendra Saraf, Rajeev Carvalho, Pinky Shah, Jigisha Vadodalia i/b M/s Negandhi, Shah, Himayatullah, R3, Rahul Narichania, Sr. Counsel with Vishal Talsania, Aditya, Raut i/b M/s Desai Desai Carrimjee & Mulla, Advocates.

JUDGMENT

B.P. Colabawalla J.

1. Admit. The Respondents through their respective counsel, waive service. By consent of parties made returnable forthwith and heard finally.

2. These two Appeals take exception to the common order passed by the learned Single Judge dated 28th November, 2014 under which two Chamber Summons filed by the Appellant (original Defendant No.5) came to be dismissed. Chamber Summons No.748 of 2014 was filed by the Appellant inter alia seeking a direction that Respondent No.3 herein (original Defendant No.6) be ordered to pay to Respondent Nos.1 and 2 herein (original Plaintiffs) a sum of Rs.23,50,00,000/- and to ICICI Bank Ltd a sum of USD 17,000,000/- as per clause 11(a) read with clause 15 of the consent terms dated 28th September 2011, together with interest thereon at the rate of 6% p.a. from 31st October, 2011 till payment. Chamber Summons No.709 of 2014 was filed by the Appellant seeking a declaration that the consent decree dated 28th September, 2011 be marked as satisfied and the attachments levied on the movable and immovable properties belonging to Defendant Nos.1, 2, 4 and 5 be raised. The learned Single Judge, finding no substance in either of the Cha




































































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