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2018 Supreme(Bom) 2544

G.S.PATEL
Base Industries Group – Appellant
Versus
Base Industries Group – Respondent


Advocates Appeared:
Simil Purohit, Adv., Zain Mookhi, Adv., Arsil Shah, Adv., M.M. Vashi, Adv., Pravin V Desai, Adv.

JUDGMENT

G.S. Patel, J. - This Chamber Summons is filed by the original Judgment Debtor No.2 for the following reliefs:

    "(a) That the Defendant No. 2 be relieved of all the undertakings and may be allowed to withdraw all the statements made before this Hon''ble Court which are recorded in Exhibits - "F" to "J".

      (b) That the orders dated 16th February 2018 and 22nd February 2018 may be recalled and/or modified and the Defendant Nos. 1 and 2 be heard on the present Chamber Summons without depositing of Rs. 4,75,00,000/- (Rupees Four Crores and Seventy Five Lakhs only) in this Hon''ble Court.

        (c) That it be declared that the Consent Decree dated 16th February 2016 passed by this Hon''ble Court is a nullity and incapable of being executed against the Defendant Nos. 1 and 2.

          (d) That the Commercial Execution Application No. 63 of 2018 taken out by the Plaintiffs/Decree Holders to execute the Consent Decree dated 16th February 2016 be dismissed.

            (e) That the Plaintiffs be ordered and directed to refund the said amount of Rs. 2,56,77,688/- (Rupees Two Crores Fifty Six Lakhs Seventy Seven Thousand Six Hundred and Eighty Eight only) to the Defendant Nos. 1 and 2.

              (f) That the Plaintiffs/Decr

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