Naresh Chandan v. Sri Harsh Developers

Kavita S.J.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.129 OF 2025 Naresh Chandan & Anr., ... Plaintiffs

Versus

Sri Harsh Developers & Ors., ... Defendants WITH INTERIM APPLICATION (L) NO.22403 OF 2024 IN SUIT NO.129 OF 2025 --------- Ms. Chinmayee Ghag i/b Mr. Rajiv Hingu for the Plaintiffs. Mr. Shivanand Mishra for Defendant Nos. 1 & 6. Mr. Mohit Advani a/w Ms. Sugyata Choudhary, Ms. Akshata Parkar i/b Dhavel Vassonji & Associates for the Defendant Nos. 2 & 4. Ms. Esha Gor a/w Ms. Khushboo Acharya i/b Hedgehog & Fox LLP for the Defendant No.3.

Mr. Durgaprasad Poojary i/b PDS Legal for Defendant No.5. ---------- CORAM :

R.I. CHAGLA, J.

DATED :

18th JULY, 2025.

ORDER :

KAVITA SUSHIL JADHAV 1.

The Plaintiffs and Defendants have arrived at a settlement by KAVITA SUSHIL JADHAV Date:

2025.07.19 15:03:55 +0530 in the above Suit. The Consent Terms dated 14th July, 2025 is tendered 1/4

and taken on record and marked 'X' for identification. The Consent Terms have been signed by the Plaintiffs and the Defendants as well as by their respective Advocates. The documents for identification and authorization to the signatories to execute the Consent Terms are appended to the Consent Terms. The Defendants have confirmed that they are signatories to the Consent Terms before the Prothonotary and Senior Master of this Court and this is recorded in Order dated 18th July, 2025 passed by the Prothonotary.

2.

I am satisfied that the Consent Terms are in order, not contrary to law and have been drawn by the parties of their own volition in reflection of their true intentions.

3.

The declarations, confirmations and undertakings to the Consent Terms being accepted as undertaking to this Court. 4.

Clause 32A of the Consent Terms have been added in writing, whereby timelines agreed upon in Clause 8, 11.2, 11.3 and 11.4 shall be read as 70 days from the date of filing of this Consent Terms and parties have initialed the amendment in front of Prothonotary and Senior Master of this Court. The same is accepted. 2/4

5.

The Suit is disposed of and decreed in terms of the Consent Terms marked X.

6.

The Interim Application filed in the above Suit does not survive and is accordingly disposed of.

7.

Drawn up decree/order is dispensed with unless the parties seek drawn up decree/order, in which case they are entitled to apply. 8.

A soft copy of the Consent Minutes of Order will be uploaded as the second order in the matter.

9.

The Registry is to ensure that the hard copy of the signed Consent Minutes of Order is permanently retained on file as part of the record and is not sent for destruction in the ordinary course. 10.

Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a 3/4

separate application.

[R.I. CHAGLA, J.] 4/4