- 1 - 11.chs.1055.08 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1055 OF 2008 IN EXECUTION APPLICATION NO. 475 OF 2005 IN SUIT NO.3659 OF 1990 Rajesh Jhaveri ..Plaintiff -Versus- Sadguna Chinubhai Shah & Ors. ..Defendants -And- Smt.Brinda Shah ..Respondent .......... Ms.Kavita A. Shah for the Plaintiff. Mr.Amey Nabar i/by M/s.Hariani & Co. for Defendant No.2. .......... CORAM : S.J. KATHAWALLA, J. DATE : 8TH MARCH 2011. P.C. 1 This Chamber Summons is taken out in Execution Application No. 475 of 2005 in Suit No.3639 of 1990 seeking various reliefs. In the said execution application, the parties had tendered minutes of consent order dated 9th February 2006. 2 By this Chamber Summons the plaintiff has alleged that the defendant no.2 has breached the consent order dated 9th February 2006 - 2 - 11.chs.1055.08 on two counts : Firstly, defendant no.2 has breached clause 18 of the consent terms whereunder the parties were ordered and directed to take the required steps for winding up of defendant no.3-Company i.e. Shirom Sales Pvt. Ltd. and defendant no.4-Company i.e. Rave Audio Visual Enterprises Pvt. Ltd. For this purpose, the plaintiff and defendant no.2 had appointed and authorized Mr.Vijay Jogani, Chartered Accountant to take the necessary steps for winding up of the defendant no.3 and defendant no.4 Companies. The plaintiff as well as defendant no.2 were required to give all the necessary documents which were in their respective possession to said Mr.Jogani. It is alleged by the plaintiff that the defendant no.2 has not given all the documents which are in his possession. The advocate appearing for defendant no.2 states, on instructions from the defendant no.2 who is present in Court, that all the documents which were in the possession of defendant no.2 have been handed over to Mr.Jogani and that defendant no.2 does not have any other papers in his possession as regards the said defendant nos.3 and 4-Companies. The statement is accepted. Secondly, defendant no.2 has breached clause 19 of the consent terms wherein the parties were jointly required to surrender the suit shop and the tenency receipt standing in the name of Shirom Corporation to the landlords i.e. Raja Dhanrajgir Estates. It is alleged by the plaintiff that the - 3 - 11.chs.1055.08 defendant no.2 has not surrendered the suit shop and the tenancy receipt to the landlord and in fact defendant no.2 continues to be in occupation of a part of the first floor premises. The Advocate for defendant no.2, on instructions, states that the premises agreed to be surrendered under clause 19 of the consent terms have already been surrendered to the landlord and the defendant no.2 is not in occupation of the premises or any part thereof so surrendered by defendant no.2. The statement is accepted. The Advocate for the defendant no.2, on instructions, further states that Mr.Jogani shall take all steps and obtain orders qua winding up of defendant nos.3 and 4-companies, on or before 30th April 2011. 3 In view of the above, the plaintiff is not pressing any other reliefs and the Chamber Summons is accordingly disposed of. [ S.J. KATHAWALLA, J. ] -