GRUH FINANCE LTD Vs. HARSHAD PRAVINBHAI THAKKAR

JUDGEMENT

(1.) BY way of present appeal from order, the appellant has inter alia prayed to appoint a Court Receiver with direction to take into his custody all the immovable and movable properties of the Defendants, including the properties mortgaged by the Defendant nos.1 to 3 with the Plaintiff and described in Schedule-II at Annexure-C in part 1 and 2 thereto and sell or otherwise dispose of the same by private treaty or public auction or otherwise and to appropriate the net sale proceeds thereof towards the liquidation of the dues of the plaintiff.

(2.) WHEN present appeal from order along with Civil Application for stay came up for admission hearing before this Court (Coram : Ravi R. Tripathi, J), this Court has admitted the appeal and granted ad interim relief vide order dated 03rd May 2010. Thereafter, the parties entered into an amicable settlement out of the Court. The content terms arrived at between the parties on 29th March 2011 were produced on record and the same were ordered to be taken on record vide order dated 29th March 2011. Thereafter, in pursuance of the said consent terms, the parties arrived at settlement and the parties have executed 2nd consent terms on 29th April 2011.