Pankaj Kantilal Shah v. New Ashish Cooperative Hsg Soc Ltd

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10631 OF 2025 New Ashish Co Op Hsg Soc Ltd.

...Petitioner

Versus

Competent Authority And District Deputy Registrar Co Op Soc Ors.

...Respondents

SANTOSH SUBHASH KULKARNI WITH INTERIM APPLICATION NO. 11658 OF 2025 SANTOSH SUBHASH KULKARNI Date: 2025.09.16 10:25:49 +0530 Ms. Vidhi Basrani, a/w Manas Kotak, i/b Veritas Legal, for the Petitioner.

Mr. Vasim Shaikh, i/b Pravin Mehtar Mithi Co., for Respondent No.11.

Mr. Mehul Shah, for the intervener in IA/11658/2025. Mrs. S. D. Chipade, AGP for the State/Respondent Nos.1 and 2.

CORAM:

N. J. JAMADAR, J.

DATED:

15th SEPTEMBER, 2025 Oral Order:- 1.

Heard the learned Counsel for the parties.

2.

At the outset, the learned Counsel for the petitioner seeks leave to delete respondent Nos.3 to 10 from the array of the respondents. The learned Counsel for the petitioner submits that respondent Nos.3 to 10 did not appear before the Competent Authority and contest the application for grant of a certificate for unilateral deemed conveyance. Leave granted.

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3.

Necessary amendment be carried out forthwith. 4.

The learned Counsel for the parties make a joint statement that the parties have amicably resolved the dispute and Consent Terms have been executed between the petitioner and respondent No.11 and intervenor - applicant in IA/11658/2025.

5.

The learned Counsel for the parties submit that the parties i.e. the petitioner, respondent No.11 and intervenor have arrived at a settlement that the deemed conveyance be granted in favour of the petitioner - Society for an area admeasuring 4095.20 sq. mtrs. instead of an area admeasuring 3552 sq. mtrs., as granted by the Competent Authority. 6.

The learned Counsel for the parties seek leave to tender the Consent Terms.

Leave granted.

7.

The Consent Terms appears to be executed by Mr. Vijay Gawande, the Chairman; Mr. Gajanan Lavangare, the Secretary and Mr. Bharat Pawar, the Treasurer of the petitioner - Society and the authorized representative of respondent No.11 and Mr. Pankaj Shah, the intervener.

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8.

Mr. Vijay Gawande, the Chairman; Mr. Gajanan Lavangare, the Secretary and Mr. Bharat Pawar, the Treasurer of the petitioner - Society and Dr. Neha Goyal, the authorized representative of respondent No.11 are present before the Court, and Mr. Pankaj Shah, the intervener, is present before the Court through Video Conferencing. They admit the contents of the Consent Terms and execution thereof. They are identified by their respective Advocates.

9.

It appears that the Managing Committee of the Society has passed the resolution before the parties entered into the Consent Terms. The Consent Terms appear to have been executed voluntarily and there does not appear any coercion or duress. The Consent Terms are thus taken on record and marked 'X'.

10.

The undertakings given in the Consent Terms 'X' are accepted as undertakings to the Court.

11.

The petition stands disposed in accordance with the Consent Terms 'X'.

12.

The impugned order stands modified in accordance with the Consent Terms 'X'.

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13.

It is, however, made clear that the Consent Terms 'X' and this order shall not bind the persons, who are not parties thereto.

14.

In view of disposal of WP/10631/2025, IA/11658/2025 stands disposed.

[N. J. JAMADAR, J.] 4/4