IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

IN ITS COMMERCIAL DIVISION

COMMERCIAL SUIT N0.35 OF 2021

IDBI Trusteeship Services Ltd

Plaintiff

Versus

Shivshakti Realhome Pvt. Ltd.

.

Defendant zyxwvutsrqponmlkjihgfedcbaZYXWV

SUPPLEMENTAL CONSENT TERMS zyxwvutsrqponmlkjihgfedcbaZYXW

....

1.

The Defendant hereby acknowledges its obligations

and liabilities under the decree passed by this Hon'ble Court

in favour of the Plaintiff in the above Suit, vide its Order

dated 23^rd November 2020 and in terms of the Consent

Terms dated 31^st October 2020 ( collectively, zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJ

"the Consent

Decree") entered into by and between the Plaintiff andthe

Defendant. The Consent Decree is valid, subsisting and

binding upon the Defendant. These Supplemental Consent

Terms are to be read with the Consent Decree and in no

manner. whatsoever be treated as having supplanted the

Consent Decree. In the circumstances set out below, the

l

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parties desire to enter into these Supplemental Consent

Terms to be read along with the Consent Decree. zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIH

2.

The Defendantacknowledges that it has not made the

payments as required under Clause 3 of the Consent Terms

dated 31

st October 2020 and that, consequently, the Plaintiff

has filed Execution Application being Execution Application

(L) No. 4039 of 2021 zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA

("Execution Application"). The

Defendant further acknowledges that, in the Execution

Application filed by the Plaintiff for executing the Consent

Decree, the Court Receiver, High Court, Bombay ( "Court

Receiver") has already stood appointed as Receiver in

execution in respect of the Mortgaged and Hypothecated

properties (more particularly described in the Schedule

being Exhibits "G" "K"; and "I" respectively to the

Plaint )with all powers under Order XL Rule I of the Code of

Civil Procedure, 1908,including the power to take charge,

control

and physical

and forcible possession of the

Mortgaged and Hypothecated Properties and further to sell,

recover and realize the sale proceeds thereof by public

auction or by private treaty, as the Court Receiver shall

deem fit and proper; and pay over the net sale proceeds

L

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and/or recovery and/or realization thereof to the Plaintiff

towards payment of its decretal dues.

3.

Pursuant to the Consent Decree, the Defendant has

paid, on or about 31^st October 2020, to the Plaintiff, a sum of

Rs. 2,00,00,000/- (Rupees Two Crore) and the Defendant

hereby undertakes and assures this Hon'ble Court thatthe

Defendant shallpay to the Plaintiff a further sum of

Rs.51,55,00,000/-

(Rupees

Fifty-OneCrores

Fifty-Five

Lakhs )towards the entire decretal dues on or before

20^thDecember 2021 in the manner set out in paragraph 4

hereinafter.

4.

The Defendant hereby solemnly undertakes to this

Hon'ble

Court

to

pay

to

Plaintiff,

a

sum

of

Rs.Rs.51,55,00,000/- (Rupees Fifty-OneCrores Fifty-Five

Lakhs)in the following manner,and

in the following

installments and on the following due dates (it being

understood and agreed that the time of payments as set out

below is of the essence):

Installment

Due Date

Amount (Rs.}

No. zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA

1.

Within 7 days of the passing

Rs. 14,00,00,000/-

of an order by this Hon'ble

Court

m

terms

of these

Supplemental Consent Terms

2.

On or before zo" December

Rs.37,55,00,000/-

2021 zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA

--------------

--------------

TOTAL

Rs. 51,55,00,000/-

--------------

--------------

5.

In view of theDefendant's undertaking and assurance

in terms of paragraphs 3 and 4, the Execution Application

will be kept in abeyance till such time the Judgment Debtor

complies with the said undertakings a