Kishore D. Pendharkar And ANR v. Gio Properties And 17 ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 435 OF 2022 In the matter of:
I 1) Kishore D. Pendharkar 2) Smt. Mrunal K. Pendharkar . . . . Plaintiffs
Versus
1) MIS. Gio Properties 2) Mr. Girish Samant 3) Mr. Parikshit Girish Samant 4) Shree Anand CHS. Ltd.
5) Rarnakant V. Desai (Chairman) 6) Raviicant V. Save 7) Mrs. Jaya Save Mandra 8) Vinay Limbachiya 9) Mrs. Sonal - Limbachiya 10) Mrs. Chat.
V. Kavishwar 1 1) Vikas S. Kavishwar 12) Veeranna D. Jolad (Treasurer) 13) Mrs. Sushrna K. Shah 14) Shri Sagar Shivkurnar Acharya 15) Mrs. Jamnaben A. Limbachiya 16) Amichand M. Limbachiya 17) Municipal Corporation of Greater Murnbai 18) The Executive Engineer Building Proposal (P-North Ward), MCGM, - Kandivali (E.), Mumbai.
... . Defendants
CONSENT TERMS BETWEEN PLAINTIFFS AND DEFENDANT NOS. 1 TO 4 HEREINABOVE
1. The Plaintiffs, the Defendant Nos. 1 to 3 and the Defendant No. 4 (together referred to as 'Parties') have mutually agreed to settle the present suit and have therefore executed these Consent Terms. Parties agree and undertake to unequivocally abide by these Consent Terms.
2. Parties agree that Defendant Nos. 5 to 18 shall be deleted as parties to the present suit and interim applications.
3. The Parties accept that Defendant No. 4 have executed these Consent Terms through Dr. Charuta Kavishwar (Chairman), who has been duly authorized to execute these Consent Terms by Resolution dated 04 May 2023 passed at a Special General Body meeting of members of Defendant No. 4 held on 04 May 2023. The Parties accept the validity of the resolutions passed at the meeting held on 04 May 2023 mentioned above, copy of which is enclosed hereto.
4. In view of the present Consent Terms, the Plaintiffs unequivocally agree and accept the validity and legality of registered Development Agreement dated 11.03.2016 and registered Supplementary Development Agreement dated 1 7.03.202 1 and registered second Supplementary Development Agreement dated 24.09.2022 and registered Power of Attorney dated 11.03.2016 executed in favour of Defendant Nos.1 to 3 and further agree that these registered instruments bind the Plaintiffs or any of them and the terns thereof are deemed to be incorporated herein.
5. In view of the present Consent Terms, the Parties hereto unequivocally agree and accept the validity, legality of actions andl or decisions taken by the Defendant Nos. 1 to 4 with regard to the redevelopment process of the existing building of Defendant No. 4.
6. In full and final settlement of all claims, allegations and prayers made by the Plaintiffs in the present suit and in all Affidavits filed therein, the Parties agree that, in lieu of Flat Nos. 101 and 102, which are to be allotted to the Plaintiff No. 1 and Plaintiff No. 2 respectively in the proposed new building by executing two Agreements for Permanent Alternate Accommodation, the Plaintiffs and Defendant Nos. 1 to 4 have agree that the aggregate Entitlement Area of 1353.21 sq. ft of the Plaintiffs, as provided under the second Supplementary Development Agreement dated 24.09.2022 ["Entitlement Area"] shall be provided to the Plaintiffs in three flats in the proposed