Alpesh Narpatchand Jain v. Sandeep Babulal Gada

1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 109 OF 2026 Alpesh Narpatchand Jain ...Plaintiff

Versus

Sandeep Babulal Gada & Ors.

...Defendants WITH INTERIM APPLICATION NO. 2508 OF 2026 WITH INTERIM APPLICATION NO. 2522 OF 2026 IN SUIT NO. 109 OF 2026 _______ Ms. Rima Desai a/w Ms. Nupur Desai i/b I. C. Legal, for the Plaintiff. Mr. Aditya Lele a/w Ms. Swamini Thite, for Defendant No.2. Mr. Ashwini Kumar, for Defendant Nos.1, 3, 4, 5 and 6. Mr. K. R. Tiwari i/b K. R. Tiwari & Co., for Defendant No.6. _______ CORAM : ARIF S. DOCTOR, J.

th MAY, 2026 DATE : 8 P.C.

1.

Learned counsel for the parties have today tendered two sets of Consent th May 2026. The first Consent Terms are executed Terms, both are dated 6 between the Plaintiff and Defendant Nos.1, 3, 4, 5 and 6. The execution of the Consent Terms is duly supported by the report of the Section Officer of this Court, which reads thus:

"The signatories have admitted the contents of the Consent Terms and the same is duly signed by their representatives, out of their free will without any undue influence and coercion."

2/3 2.

Having due regard to the fact that the Consent Terms have been duly executed. The same are marked as "X" for identification and taken on record. 3.

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

4.

The other Consent Terms are entered into between the Plaintiff and Defendant No.2. The execution of the Consent Terms is also duly supported by the report of the Section Officer of this Court, which reads thus: "The signatories have admitted the contents of the Consent Terms and the same is duly signed by their representatives, out of their free will without any undue influence and coercion."

5.

Having due regard to the fact that the Consent Terms have been duly executed. The same are marked as "Y" for identification and taken on record. 6.

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

7.

Learned counsel for the Plaintiff then points out that, as per the said Consent Terms, certain documents, which are more particularly set out in clause th December, 7 of the Consent Terms, namely, the Agreement for Sale dated 13 2024 registered under Sr. No. BDR-16-19904-2024 (Exhibit "D" to the Plaint) th December, 2024 and the impugned Specific Power of Attorney dated 11 registered under Sr. No. BBI-3-25339-2024 (Exhibit "C" to the Plaint), on copies th December, 2024 registered under Sr.

of impugned Agreement for Sale dated 13 No. BDR-16-19904-2024 (Exhibit "D" to the Plaint) and the impugned Specific th December, 2024 registered under Sr. No. BBI-3Power of Attorney dated 11 25339-2024 (Exhibit "C" to the Plaint), are to be returned by the Defendants to the Plaintiff.

3/3 8.

Let this be done within a period of two weeks from today. On return of the aforesaid documents, the parties shall take the appropriate steps for cancellation thereof. The Defendants undertake to cooperate in that regard. 9.

The captioned Suit is disposed of in terms of the Consent Terms. 10.

In view of disposal of the captioned Suit, nothing further survives in the Interim Applications and the same are accordingly disposed of. 11.

Refund of Court fees, if any, as per rules.

[ARIF S. DOCTOR, J.]