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Bombay High CourtIA/459/2024disposed off

Jade Construction Pvt. Ltd. v. Swarna N Mehra (Deleted Since Deceased) And 2 ORS

2026-03-04Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla6 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.37 OF 2024 IN INTERIM APPLICATION (L) NO.29757 OF 2023 IN SUIT (L) NO.29345 OF 2023 Jade Construction Pvt Ltd .. Appellant/ Org.Defendant

Versus

1. Swarna N. Mehra (deleted since deceased)

2. Krishan K. Mehra

3. Sulekha Krishan Mehra .. Respondents/ Org.Plaintiffs WITH Digitally signed by UTKARSH KAKASAHEB BHALERAO Date:

2026.03.09 11:56:11 +0530 INTERIM APPLICATION NO.459 OF 2024 UTKARSH KAKASAHEB BHALERAO (for stay) IN APPEAL NO.37 OF 2024 Jade Construction Pvt Ltd .. Applicant In the matter between:- Jade Construction Pvt Ltd .. Appellant/ Org.Defendant

Versus

1. Swarna N. Mehra (deleted since deceased)

2. Krishan K. Mehra

3. Sulekha Krishan Mehra .. Respondents/ Org.Plaintiffs

WITH APPEAL NO.108 OF 2025 IN INTERIM APPLICATION (L) NO.29757 OF 2023 IN SUIT (L) NO.29345 OF 2023

1. Swarna N. Mehra (deleted since deceased)

2. Krishan K. Mehra

3. Sulekha Krishan Mehra .. Appellants/ Org.Plaintiffs

Versus

Jade Construction Pvt Ltd .. Respondent Mr.Anagh Pradhan a/w Virendra Pereira, Anand Iyer i/b Divya Shah Associates, Advocates for the Appellant in APP/37/2024 & for Respondents in APP/108/2025. Ms.Megha Gupta a/w Lavanita Chitayala i/b Hedgehog & Fox LLP, Advocates for the Appellant in APP/108/2025 & for Respondents in APP/37/2024.

Mr.Aditya Mirchandani, Director of Jade Construction Pvt Ltd., present in Court.

Mr.Krishan Kishore Mehra (through V.C.), Respondent No.2 & Power of Attorney of Respondent No.3 in APP/37/2024 & Appellant No.2 & Power of Attorney of Appellant No.3 in APP/108/2025.

CORAM

: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE : MARCH 04, 2026

P. C.

1.

By our order dated 29th January 2026 read with order dated 6th February 2026 we had noted the in-principle agreement arrived at between the parties to settle their disputes as well as the above suit. We had adjourned the matter to enable the parties to file Consent Terms. 2.

Today when the matter is called out, the parties have tendered Consent Terms dated 4th March 2026. These Consent Terms basically capture the in-principle agreement arrived at between the parties, and as recorded by us in our order dated 29th January 2026 read with the order dated 6th February 2026.

3.

At the outset, the learned advocates appearing on behalf of the Appellants as well as the Respondents have stated that the full title mentioned in the Consent Terms is incorrect and therefore sought to substitute the same. In these circumstances, page 1 & 1A of the Consent Terms are allowed to be replaced with the full title tendered to the Court. For the sake of convenience, the parties are referred to as they are arrayed in Appeal No.37 of 2024.

4.

The Consent Terms have been signed by Mr. Aditya Mirchandani, a Director of the Appellant-Company, and who is authorized to sign the Consent Terms as per the Board Resolution dated 20th October 2023. The said Board Resolution is also annexed to the Consent Terms. Mr. Aditya Mirchandani is also present in Court today. He has stated before the Court that he has signed the Consent Terms on behalf of the Appellant-Company after reading and understanding the same as well as the implications thereof.

5.

The Consent Terms are also signed by Mr. Krishan K. Mehra for himself (Respondent No.2) as well as the constituted attorney of Respondent No.3. Respondent No.3 is the wife of Respondent No.2. Mr. Krishan K. Mehra has appeared before the Court through Video Conferencing and has stated that he has signed the Consent Terms for himself as well as on behalf of his wife (Respondent No.3) after reading and understanding the same as well as the implications thereof. The Power of Attorney given by Respondent No.3 to Respondent No.2 is also annexed to the Consent Terms. As far as Respondent No.1 is concerned, she was the mother of Mr. Krishan K. Mehra who expired on 16th March 2024 and has thereafter been deleted in the proceedings.

6.

The Consent Terms have also been signed by the advocates for the Appellant as well as the advocates for the Respondents. 7.

In these circumstances, the Consent Terms dated 4th March 2026 are taken on record and marked "X" for identification. All undertakings given in the Consent terms are accepted as undertakings given to the Court. There shall be an order and decree in terms of the Consent Terms, and both the above Appeals as well as the above Suit, namely Suit (L) No.29345 of 2023, are disposed of in terms of these Consent Terms.

8.

It is needless to clarify that if there is a breach of the Consent Terms, the aggrieved party, amongst other things, is free to launch execution proceedings for compliance of the Consent Terms. 9.

In view of the disposal of the above Appeals as well as the above Suit, nothing survives in any Interim Applications filed either in the above Appeals, or in the Suit, and the same are disposed of accordingly.

10.

Personal Assistant of this Court. All concerned will act on production by [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]