PRAMOD MAKHARIA Vs. LAXMIDEVI MAKHARIA

JUDGEMENT

(1.) This application is made for speaking to the minutes of the order dtd. 19/4/2022. In the cause title of the order it has been pointed that the Interim Application number is wrongly mentioned as

(2.) The entire Execution Application proceeds on the basis that the liability owed by the Plaintiff to Kotak Mahindra Bank Ltd. (in the sum of Rs.3,65,36,577.00) and to Bank of India (in the sum of Rs.45,87,388.00) were to be cleared by Defendant Nos. 2 to 4 under the Consent Terms dtd. 5/12/2007. According to the Plaintiff, Clause 10 of the Consent Terms casts this liability on Defendant Nos. 2 to 4. Since Defendant Nos. 2 to 4 have not discharged their obligation as contemplated under Clause 10 of the Consent Terms, the present Execution Application is filed. In this Execution Application, the above I.A. is taken out inter alia seeking the appointment of a Court Receiver (amongst other reliefs).

(3.) I have heard the learned counsel appearing on behalf of the Plaintiff as well as the learned advocates appearing on behalf of Defendant Nos. 2(a) to 2(d) as well as Defendant Nos. 3 and 4.