Rushi Builder And Developers v. Vinay Prabhat Singh

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 597 OF 2024 WITH INTERIM APPLICATION NO. 15316 OF 2023 IN SECOND APPEAL NO. 597 OF 2024 Rushi Builder and Developers through ....Appellants its Partners and ors V/s.

Vinay Prabhat Singh and anr ....Respondents Mr. Chirag Kamdar a/w Mr. Pranav Khatkul i/b Janu V. Gulati Advocate for the Appellants Mr. Manish Gala a/w Mr. Nilesh Gala i/b Law Squre for the respondent Mr. Vinay Singh and Mrs. Urmila Singh respondents present in person IRESH MASHAL Digitally signed by IRESH MASHAL Date:

2025.01.28 15:09:25 +0530 CORAM : GAURI GODSE, J.

DATE :

27th JANUARY 2025 ORDER:

1.

Learned counsels for the parties have tendered consent terms dated 24th January 2025. The consent terms are signed by the partner of the appellant. The authority letter of remaining partners authorising the signatory to sign on behalf of the partners and the firm is annexed to the consent terms. The respondents have also signed the consent 1/3

terms. The respective advocates for the parties have signed the consent terms. The signatories are present in the Court. They identify their signatures and admit the terms and conditions of the consent terms to be true and correct.

2.

Learned counsel for the respondents submits that the demand draft for an amount stated in clause 4(a) is handed over to the respondents.

3.

Consent terms dated 24th January 2025 is taken on record and marked 'X' with today's date for identification. The terms and conditions of the consent terms are legal and valid. In view of the amicable settlement between the parties, they consent for setting aside the impugned orders.

4.

In view of the settlement, the appellants shall be entitled to withdraw the amount deposited in Maharashtra Real Estate Appellate Tribunal as agreed in clause 4(e).

5.

The assurances and undertaking recorded in the consent terms are accepted as undertakings to the Court.

6.

The second appeal is disposed of in terms of the consent terms. In view of the agreed terms, the orders impugned in the second appeal 2/3

are quashed and set aside.

7.

In view of disposal of second appeal, pending applications, if any, are disposed of as infructuous.

[GAURI GODSE, J.] 3/3