Shree Gagandeep Co Operative Housing Society Ltd. v. Harshad Mehta And ANR

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1279 OF 2024 Shree Gagandeep Co-operative Housing Society Ltd.

.. Petitioner

Versus

Harshad Mehta and Anr.

.. Respondents ....................

 Mr. Vikram N. Walawalkar, Advocate i/by Mr. Amey C. Sawant for Petitioner.

 Mr. B.K. Gala, Advocate for Respondent Nos.1 and 2. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : JUNE 30, 2025.

P.C.:

1.

At the request of both the learned Advocates, present Petition is called out and taken up for hearing out of turn at 01:05 p.m. in view of the exigency involved.

2.

Heard Mr. Walawalkar, learned Advocate for Petitioner and Mr. Gala, learned Advocate for Respondent Nos.1 and 2. 3.

Both the learned Advocates inform the Court that parties have reconciled and settled their disputes and desire to file Consent Terms dated 14th April 2025. Copy of the Consent Terms is taken on record and marked "X" for identification. Both the learned Advocates inform the Court that Consent Terms which are placed on record is coloured photo copy and the original Consent Terms are with the office

of Petitioner - Society.

4.

Advocate for Petitioner - Society is directed by the Court to place original Consent Terms on record of this Court and Registry / Department of this Court is directed to accept the same and place in the file of the case.

5.

Consent Terms are duly signed by 5 Petitioners and both Respondents. They are present in Court today and are identified by the learned Advocates appearing for the respective parties. Resolution of the Society dated 18.04.2025 is appended to the Consent Terms. 6.

Learned Advocates inform the Court that as stated in the Consent Terms the cheque of Rs.3,76,000/- which is the final balance cheque is handed over to the Petitioner - Society in Court before me. 7.

Respondents are directed by the Court to ensure that the said cheque shall be honoured and appropriate positive pay verification notice be given to the concerned Bank to ensure that the said cheuqe does not get dishonoured, failing which it will be held against Respondents.

8.

Consent Terms are running into 3 pages. For the sake of reference, Consent Terms are scanned and reproduced below:-

9.

Rights and obligations as stated in the said Consent Terms are taken as undertaking given to this Court by all concerned parties who shall be obligated with the same.

10.

Order in terms of Consent Terms subject to realisation of cheque of Rs.3,76,000/- which has been handed over to the Society. 11.

Parties to act on a server copy of this order which is downloaded from the High Court website.

12.

In view of the above, Writ Petition is disposed. [ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2025.06.30 17:58:17 +0530 AJAY TRAMBAK UGALMUGALE