Link Palace Chs Limited v. State Of Maharashtra And Others

by VARSHA VIJAY RAJGURU Date:

2025.07.29 10:36:51 +0530 VARSHA VIJAY RAJGURU

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 41 OF 2025 WITH INTERIM APPLICATION NO. 479 OF 2025 IN APPEAL FROM ORDER NO. 41 OF 2025 Link Palace CHS Limited ... Appellant/Applicant vs.

State of Maharashtra and Others ... Respondents Mr. Dhananjay Singh i/b. Mr. S. Rai for Appellant. Mr. Satyajeet Dige for Respondent-MHADA.

Mr Vikas Pandeya/w. Ms. Rashmi Mishra for Respondent No.6. Ms. Kavita Dhanuka i/b. Dr. Dhruti Kapadia for SRA. CORAM : GAURI GODSE, J.

DATED : 25th JULY 2025 ORDER:

1.

Not on board. Taken on the production board.

2.

Learned counsel for the appellant and learned counsel for respondent no.6 have tendered the consent terms. The consent terms is signed by the Chairman of the appellant-society. The authority letter and the resolution of the society is annexed to the consent terms. The partner of respondent no.6 has signed the consent terms. Learned counsel for respondent no. 6 submits that Page no. 1 of 3

the authority letter of the partner shall be placed on record by the end of the day. Statement accepted.

3.

Learned counsel for the parties submits that the main grievance of the appellant was against respondent no.6 and the appellant does not claim any relief against respondent nos. 1 to 5 in this appeal. Hence, the consent terms is not signed by respondent nos. 1 to 5. The parties agree that this consent terms would not bind respondent nos. 1 to 6.

4.

I have perused the consent terms. The terms agreed between the parties are legal and valid. The parties have agreed that in view of an amicable settlement between the parties nothing would survive in the suit and the suit can be disposed of as withdrawn by the appellant.

5.

The signatories are present in the court. They confirm their signatures and the contents of the consent terms to be true and correct. The signatories are identified by their respective advocates.

6.

The consent terms dated 25th July 2025 is taken on record and marked 'X' with today's date for identification. The assurances and undertaking recorded in the consent terms by the parties are accepted as an undertaking to this court. 7.

Appeal from Order is disposed of in terms of the consent Page no. 2 of 3

terms. The appellant is at liberty to produce the copy of the consent terms for getting the suit withdrawn. 8.

It is clarified that the consent terms would not bind respondent nos. 1 to 5.

9.

In view of disposal of the appeal, the pending applications are disposed of as withdrawn.

(GAURI GODSE, J.) Page no. 3 of 3