Trishta Bharat Vardhan And ANR. v. Champalal K. Vardhan And 35 ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 45 OF 2025 IN INTERIM APPLICATION (L) NO. 20177 OF 2023 Trishta Bharat Vardhan and Anr.
.. Appellants
Versus
Champalal K. Vardhan and Ors.
.. Respondents WITH INTERIM APPLICATION NO. 2083 OF 2025 IN APPEAL NO. 45 OF 2025 Digitally signed by UTKARSH KAKASAHEB BHALERAO Date:
2026.02.20 11:35:55 +0530 UTKARSH KAKASAHEB BHALERAO Trishta Bharat Vardhan and Anr.
.. Applicants/ Appellants
Versus
Champalal K. Vardhan and Ors.
.. Respondents WITH APPEAL NO. 46 OF 2025 IN INTERIM APPLICATION NO. 3075 OF 2023 Anita Bharat Vardhan .. Appellant
Versus
Champalal K. Vardhan and Ors.
.. Respondents
WITH INTERIM APPLICATION NO. 3371 OF 2025 IN APPEAL NO. 46 OF 2025 Anita Bharat Vardhan .. Applicant/ Appellant
Versus
Champalal K. Vardhan and Ors.
.. Respondents Ms.Mansi Shah i/b Pravin Mehta & Mithi Co., Advocates for the Appellant in APP/45/2025 and for the Respondent Nos.36 & 37 in APP/46/2025.
Mr.Gautam Sahni a/w Aviral Jain, Vibha Joshi i/b Vesta Legal, Advocates for the Appellant in APP/46/2025 and for Respondent No.36 in APP/45/2025.
Mr.Chirag Sarawagi i/b Tushar Goradia, Advocates for Respondent Nos.1, 3, 4, 5, 22 to 25, 27, 28 and 32 to 35. Mr.Sharan Jagtiani, Senior Advocate a/w Priyank Kapadia, Pratik Shah, Advocates for Respondent Nos.2 to 26. Ms.Trishta Bharat Vardhan, Appellant No.1 in APP/45/2025 present in Chamber.
Ms.Ria Bharat Vardhan, Appellant No.2 in APP/45/2025 present in Chamber.
Ms.Anita Bharat Vardhan, Appellant in APP/46/2025 present in Chamber.
Mr.Champalal K. Vardhan, Respondent No.1 present in Chamber.
Mr.Ummedraj K. Vardhan, Respondent No.2 present in Chamber.
Ms.Anju Gulati, Respondent No.3 present in Chamber. Mr.Kunal C. Vardhan, Respondent No.4 present in Chamber. Mr.Karan C. Vardhan, Respondent No.5 present in Chamber.
CORAM
: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.
DATE : FEBRUARY 17, 2026 (In Chambers at 5.00 p.m.) P. C.
1.
In both the above Appeals we had passed an order on 17th October 2025 recording an in principle agreement of settlement between the Appellants as well as Respondent Nos.1 to 5, Respondent No.24 as well as a entity called M/s. K. V. BUILDHOME LLP, and which is a partnership firm of which Respondent Nos.1, 4 and 5 are partners. The matter was adjourned from time to time to enable the parties to file Consent Terms.
2.
Today when the matter is called out, the parties have tendered to the Court the Consent Terms on the basis of which the disputes between the Appellants and Respondent Nos.1 to 5, 24 as well as M/s. K. V. BUILDHOME LLP are settled. The Consent Terms not only record the in principle agreement as set out in our order dated 17th
October 2025 but several other issues with reference as to how certain flats would be transferred to the Appellants as well as the monetary compensation to be paid in order to discharge the liability of the settlement amount aggregating to Rs.20 Crores. 3.
The Consent Terms have been signed by Anita Bharat Vardhan (the Appellant in Appeal No.46 of 2025) as well as the Trishta Bharat Vardhan and Ria Bharat Vardhan (the Appellants in Appeal No.45 of 2025). All the three Appellants are present before the Court. They have stated that they have signed the aforesaid Consent Terms of their own free volition and after reading and understanding the same as well as the implications thereof.
4.
The Consent terms are also signed by Champalal K. Vardhan (Respondent No.1), Ummedraj K. Vardhan (Respondent No.2), Anju Gulati (Respondent No.3), Kunal Vardhan (Respondent No.4), Karan Vardhan (Respondent No.5), M/s. Neelam Enterprises (Respondent No.24) as well as M/s. K. V. BUILDHOME LLP. Respondent Nos.1 to 5 are all present in Court today. They have all stated before the Court that they have signed the Consent Terms of their
own free volition and after reading and understanding the same as well as the implications thereof.
5.
As far as Respondent No.24 (a partnership firm) is concerned, the Consent Terms are signed by Respondent No.1 (Champalal K. Vardhan). Mr.Champalal K. Vardhan has stated before the Court that he has signed the Consent Terms on behalf of Respondent No.24 of his own free volition and after reading and understanding the same as well as the implications thereof. On behalf of M/s. K. V. BUILDHOME LLP (a partnership firm) the Consent Terms are signed by Respondent No.4 (Kunal Vardhan). Mr. Kunal Vardhan has also stated that he has signed the Consent Terms on behalf of M/s. K. V. BUILDHOME LLP of his own free volition and after reading and understanding the same as well as the implications thereof. 6.
The Consent Terms are also signed by the advocates for the aforesaid parties. It has been brought to our attention that the Vakalatnama on behalf of Respondent No.3 has not yet been filed and will be filed within a period of 1 week from today. The said statement is duly accepted.
7.
Considering the aforesaid circumstances, the Consent Terms dated 17th February 2026 are taken on record and marked "X" for identification. All undertakings given in the Consent Terms are accepted as an undertakings given to the Court.
8.
There shall be an order and decree in terms of the Consent Terms and the above Appeals, namely, Appeal No.46 of 2025 and Appeal No.45 of 2025, as well as Suit No.409 of 2023 and Suit No.187 of 2024 are disposed of in terms of these Consent Terms. 9.
As far as other Respondents/Defendants who are not signatory to these Consent Terms, the Suit is also simpliciter disposed of against them in light of the aforesaid Consent Terms. 10.
We note that as per the Consent Terms, the Appellants are entitled to a payment of Rs.15 Lakhs on the execution of the Consent Terms. In compliance thereof, a cheque dated 17th February 2026 drawn on Kotak Mahindra Bank Limited in the name of Anita Bharat Vardhan (the Appellant in Appeal No.46 of 2025) in the sum of Rs.15 Lakhs has been handed over to Mrs.Anita Bharat Vardhan in Court today, which is duly acknowledged by her.
11.
copy of this order by the Private Secretary/Personal Assistant of this Court. This apart, they shall also act on the certified copy of the Consent Terms.
12.
In light of the disposal of the above Appeals and the Suits, nothing survives in any Interim Applications either pending in the above Appeals or in the above Suits and the same are disposed of accordingly.
13.
Liberty to apply in case of any difficulty.
14.
Personal Assistant of this Court. All concerned will act on production by [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]