Kalpataru Limited v. Manan Soni

by MANGALTAI JAYWANT JADHAV Date: 2025.03.15 11:38:31 +0530 MANGALTAI JAYWANT JADHAV 21-SAst-5130-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MJ Jadhav CIVIL APPELLATE JURISDICTION SECOND APPEAL (ST) NO. 5130 OF 2025 WITH INTERIM APPLICATION NO. 3071 OF 2025 IN SECOND APPEAL (ST) NO. 5130 OF 2025 WITH SECOND APPEAL (ST) NO. 5131 OF 2025 WITH INTERIM APPLICATION NO. 1893 OF 2025 IN SECOND APPEAL (ST) NO. 5131 OF 2025 Kalpataru Limited ... Appellant/Applicant vs.

Manan Soni ... Respondent Mr. Mayur Khandeparkar a/w Subit Chakrabarti a/w Suneet Tyagi a/w Khushnumah Banerjee a/w Aniket Deshmukh i/b Vidhii Partners for the Appellant/Applicant.

Mr. Dharam Jumani a/w Mihir Nerurkar a/w Munaf Virjee and Rushabh Parekh i/b AMR Law for the Respondent. Mr. Jitin Parwani, Authorized Representative of the Appellant. Mr. Manan Soni- Respondent, Present through VC. CORAM : GAURI GODSE, J.

DATED : 12th MARCH 2025 ORDER:

1.

Learned counsels for the parties have tendered consent minutes of order dated 12th March 2025. The minutes of order are taken on record and marked 'X' with today's date for identification. The concerned minutes are signed by authorized representative of

21-SAst-5130-2025.doc the appellant and the advocate for the appellant and the respondent.

2.

The authorized representative of the appellant is present in the Court. The respondent was unable to attend the Court and he has joined through VC.

3.

I have interacted with the respondent. He confirms the consent minutes of order. He submits that he has no objection to the arrangement agreed between the parties as recorded in the consent minutes of order.

4.

In view of the dispute between the parties and the appeal still pending before the RERA Appellate Tribunal, both the appeals can be disposed of in terms of consent minutes of order. Both the second appeals are disposed of in terms of consent minutes of order. The undertakings of the parties recorded in the minutes of order is accepted as an undertaking to this Court. As recorded in the consent minutes of order, all rival contentions of the parties in the pending appeal before the RERA Appellate Tribunal are kept open. 5.

In view of the disposal of the second appeals, interim applications are disposed of as infructuous.

(GAURI GODSE, J.)