M/S Nahalachand Laloochand Pvt. Lad A Company Mumbai v. Mrs. Maya Haresh Karvat And ANR.

905-sa-355-2023.doc Pallavi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by PALLAVI MAHENDRA WARGAONKAR Date:

2023.07.04 17:31:54 +0530 SECOND APPEAL NO.355 OF 2023 PALLAVI MAHENDRA WARGAONKAR WITH CIVIL APPLICATION NO.1263 OF 2019 IN SECOND APPEAL NO.355 OF 2023 M/s. Nahalachand Laloochand Pvt. Ltd.

...Appellant

Versus

Mrs. Maya Haresh Karvat and Anr.

...Respondents

 Mr. Rajesh N. Kachare, for the Appellant.

 Mr. Manan Sharma i/b. Shrikant K. Sherikar, for the Respondents. CORAM : MADHAV J. JAMDAR, J.

DATE :

4th JULY 2023 P.C. :

1.

Mr. Kachare, learned counsel appearing for the Appellant and Mr. Manan Sharma, learned counsel appearing for the Respondents state that both the parties have settled the dispute and tender Consent Terms dated 4th July 2023. The Consent Terms are executed by the Managing Director Mr. Rajesh Himatlal of the Appellant Company and by Respondent Nos.1 and 2.

2.

Mr. Kachare, learned counsel appearing for the Appellant states that the signature on the Consent Terms is of Mr. Rajesh Himatlal, Managing Director of the Appellant and said Mr. Rajesh Himatlal has 1/2

905-sa-355-2023.doc Pallavi put the signature in his presence on the Consent Terms. He states that said Mr. Rajesh Himatlal is not present due to some personal difficulty. Respondent Nos.1 and 2 who are present in Court states that the dispute between the parties is settled in accordance with the Consent Terms. The Consent Terms are taken on record and marked 'X' for identification.

3.

In view of the Consent Terms, the impugned order dated 16th November 2018 passed by the Maharashtra Real Estate Regulatory Authority, Mumbai in Complaint No.CC00600000055681 as well as the order dated 31st July 2019 passed by the learned Maharashtra Real Estate Appellate Tribunal, Mumbai in Appeal No.006000000010991 are quashed and set aside by consent and said complaint is disposed of in terms of the Consent Terms. Accordingly, Second Appeal is disposed of in above terms with no order as to costs.

4.

In view of the disposal of the Appeal, nothing survives in the Civil Application and the same is also disposed of. [MADHAV J. JAMDAR, J.] 2/2