3-WP-5139-2022.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 5139 OF 2022 Roopshah Builders & Anr. ..Petitioners Versus Mulund Hemleela CHS Ltd. & Ors. …Respondents Mr. Mandar Soman, for the Petitioners. Mr. Manish Kenia, Ms. Ankita Sovani, for Respondent No.1. Ms. Jyoti Chavan, Addl. GP for State/Respondent Nos.2 – 4. Mr. Hemant Mehta a/w Ms. Jinal Mehta i/b Mehta & Co., for Respondent No.5. Mr. Bhavyesh P Shah – Petitioner No.1B. Mr. Pruthesh P Shah – Petitioner No.1C. Mr. Divyesh Shah – Petitioner No. 1D. Ms. Savita Gharat – Chairman of Society/Respondent No. 1. Mr. Manohar Shetty – Treasurer of Society/Respondent No. 1. Mr. Rajendra Haralkar – Secretary of Society/Resp. No. 1. Mr. Hentanshu Shah – Partner of Respondent No.5. CORAM: N. J. JAMADAR, J. DATE : 22nd JUNE 2026 P.C.: 1. Heard the learned Counsel for the parties. 2. Mr. Soman, the learned Counsel for the petitioners, seeks leave to amend the petition so as to implead the legal representative of Mrs. Rasila Shah, the proprietor of M/s. Roopshah Builders, who has passed away. 3. Leave granted. 4. Necessary amendment be carried out forthwith. SAINATH, PA 1/3 3-WP-5139-2022.DOC 5. The learned Counsel for the parties submit that, the parties have amicably resolved the dispute and the consent terms have been executed. 6. Mr. Soman, the learned Counsel for the petitioners, seeks leave to tender consent terms. 7. Leave granted. 8. Mr. Bhavyesh Shah, Mr. Pruthesh Shah, Mr. Divyesh Shah, the Petitioner Nos.1B, 1C and 1D, who also claim to be the constituted attorneys of Petitioner No.2 – Pravinchandra Narandas Shah, are present before the Court. 9. The Respondent No.1- Society is represented by Ms. Savita Gharat – Chairperson, Mr. Manohar Shetty - Treasurer and Mr. Rajendra Haralkar – Secretary. The office bearers of the Respondent No.1, are present before the Court. 10. Mr. Hidanshu Shah, the partner of Respondent No.5 - Developer, is also present. 11. The above-named petitioners and the respondents admit the execution of the consent terms and the contents thereof. The parties are identified by their respective Advocates. 12. Upon being specifically inquired, the petitioners as well as the representatives of the Respondent Nos.1 and 5 submit that, they have read and understood the contents of the consent SAINATH, PA 2/3 3-WP-5139-2022.DOC terms, they admit the same and also agree to abide by the contents of the consent terms. 13. It appears that, the parties have worked out a comprehensive settlement of the dispute and the consent terms have been executed, voluntarily. There does not appear to be any coercion or duress. 14. The consent terms are thus taken on record and marked ‘X’. 15. The learned Counsel for the parties jointly submit that, the consent terms do not affect the rights of the third parties. 16. The Writ Petition thus stands disposed in accordance with the consent terms ‘X’. The undertakings in the consent terms are accepted as undertakings to the Court. 17. It is clarified that, the consent terms shall not bind the persons who are not parties to these consent terms. [N. J. JAMADAR, J.] SAINATH, PA 3/3