905-SA-252-2022.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.252 OF 2022 Runwal Constructions Runwal & Omkar Esquare …Appellants Versus Neha Arvind Nadkarni & Anr. …Respondents WITH CIVIL APPLICATION NO.1520 OF 2018 Runwal Constructions Runwal & Omkar Esquare …Appellants Versus Neha Arvind Nadkarni & Anr. …Respondents WITH CIVIL APPLICATION (ST) NO.36521 OF 2018 Runwal Constructions Runwal & Omkar Esquare …Appellants Versus Neha Arvind Nadkarni & Anr. …Respondents Mr. Ditendra Mishra a/w. Mr. Abhishek Puranik and Mr. Ranjeet Vaghani, for the Appellants. Ms. Asmita Jaiswal, for the Respondents. CORAM: MADHAV J. JAMDAR, J. DATED : 17th FEBRUARY 2026 P. C.: 1. Mr. Mishra, learned Counsel appearing for the Appellants and Ms. Jaiswal, learned Counsel appearing for the Respondents Page 1 Sonali 905-SA-252-2022.DOC submit that the parties have settled the dispute and tendered the Consent Terms. 2. The Consent Terms are signed by the Authorized Representative of -Runwal Construction Private Limited as also by the Respondent No.1-Neha Nadkarni and the Respondent No.2- Arvind Nadkarni as also by the respective Advocates. Respective Advocates identify signatures of respective parties. 3. In view of the clause No.9 of the Consent Terms, the Appellants are granted leave to amend the name of the Appellant from Runwal Construction to Runwal Construction Private Limited. 4. Amendment be carried out forthwith. Re-verification is dispensed with. 5. The resolution authorizing Ms. Sujata Rao, Director of the Company who has inter alia signed on the Consent Terms is also annexed as Annexure-A to the Consent Terms. 6. Ms. Sujata Rao, Director of the Runwal Construction Private Limited who is personally present in Court submits that signature Page 2 Sonali 905-SA-252-2022.DOC on the Consent Terms is her signature and that Runwal Construction Private Limited has settled the dispute with the Respondents on the terms and conditions set out in the Consent Terms. 7. The Respondent No.1-Ms. Neha Nadkarni and the Respondent No.2-Arvind Nadkarni are personally present in Court. Both of them submit that they have settled the dispute with the Appellant -Runwal Construction Private Limited in terms of the Consent Terms. 8. Accordingly, the said Consent Terms are taken on record and marked ‘X’ for identification. The Consent Terms read as under: “CONSENT TERMS 1) The Respondents had tentatively booked Flat No. 2102 in Tower B-1, having an aggregate area of 995 Sq. Ft. (carpet) in the Appellant’s Runwal Sanctuary Project having MahaRERA registration no. P51800012621 (earlier known as Runwal Infinity) (“said Project”) vide booking letter dated 14th January, 2006. 2) Certain disputes arose between the parties Page 3 Sonali 905-SA-252-2022.DOC causing the Respondents to file Complaint No. CC006000000012537 against the Appellant seeking reliefs specified therein. The complaint was disposed off vide order dated 2nd April 2018 (“Complaint Order”) passed by the Maharashtra Real Estate Regulatory Authority. 3) The Respondents challenged the Complaint Order by filing Appeal No. ATOO6OOOOOO00O291 before the Maharashtra Real Estate Appellate Tribunal and the same came to be decided vide Order dated 1st November 2018 (“Tribunal’s Order”). 4) Being aggrieved by the Tribunal’s Order, the Appellant preferred the present Second Appeal on the grounds more particularly specified therein, and during pendency of the same, the parties have agreed to fully and finally settle their inter se disputes in the manner appearing hereinafter. a. The Respondents agree to execute and register, within 7 (Seven) days from the date hereof, agreement for sale for Flat No. 2102, Tower 1 (earlier B1) of the said Project now admeasuring 768 square feet (“said Flat”), for a revised agreement value of Rs.73,17,125/- (Rupees Seventy Three Lac Seventeen Thousand One Hundred Twenty Five Only) plus taxes and other charges as per the agreement for sale. Page 4 Sonali 905-SA-252-2022.DOC b. The entire cost for execution and registration of the agreement for sale, including payment of stamp duty and registration charges, shall be borne and paid by the Respondents. c. Within 7 (seven) days of the present Consent Terms, the Respondents undertake to pay all the balance amounts towards consideration for the said Flat, taxes and other charges as set out in the agreement for sale (“Balance Payment”), which has remained outstanding after adjustment of the sum of Rs.20,28,063/- (Rupees Twenty Lac Twenty Eight Thousand Sixty Three Only) which have already been paid by the Respondents. d. The Tower 1 of the said Project has received occupation certificate on 20th February 2025. Accordingly, within 15 days of receipt of the Balance Payment, the Appellant shall offer possession of the said Flat to the Respondents. 5) The terms and conditions (including the representations) as stated in the agreement for sale to be entered into by the parties hereto shall be binding on the Appellant and the Respondents and they undertake to comply and abide by the same. 6) In the event of any inconsistency between the terms and conditions contained in the booking form Page 5 Sonali 905-SA-252-2022.DOC and / or the allotment letter, and the agreement for sale, the terms and conditions of the agreement for sale shall prevail. 7) The Respondents agree and confirm that on and from the date of the present Consent Terms, all their claims, grievances, disputes, objections, allegations, insinuations, contentions, demands of any and every nature against the Appellant, its sister/group/connected concerns, its employees, officers and the said Project stand fully and finally settled and that they shall have no further claim of any nature whatsoever in that regard. 8) The Respondents assure and undertake to this Hon’ble Court that simultaneous with the execution of the present Consent Terms: - a. All their claims, disputes, demands, objections, grievances, allegations, contentions, insinuations etc. as against the said Project or against the Appellant, its promoters, officers, employees and/or connected entities stand fully and finally satisfied and withdrawn unconditionally and they shall not revive the same. b. That on and from date of execution of the present Consent Terms, all notices, correspondences, and proceedings of any nature whatsoever filed by the Respondents and/or anybody acting for them before any other authority, entity, forum, court, tribunal Page 6 Sonali 905-SA-252-2022.DOC etc. stand unconditionally withdrawn and that they shall file no notices, correspondences, and proceedings etc. of any nature whatsoever in the future against the Appellant, its connected entities, officers, employees and the said Project. c. That the terms hereof and the agreement for sale shall also bind heirs, representatives, executors, administrators, successors in title and assigns etc. of the Respondents and the Appellant. 9) By consent of both parties, the name of the Appellant be allowed to be amended to read as Runwal Construction Private Limited in place of Runwal Constructions in light of the conversion of Runwal Constructions, a partnership firm into Runwal Construction Private Limited, a private limited company with effect from 6th July 2023. 10) The present Consent Terms have been executed by the Respondents out of their own free will and volition devoid of any duress, force and / or influence after understanding all the terms and conditions hereof. 11) Each Respondent signing the present Consent Terms represents and warrants that he / she has legal capacity to sign, execute and deliver this document. 12) The present Consent Terms are signed by Ms. Sujata Rao who is duly authorized by the Appellant Page 7 Sonali 905-SA-252-2022.DOC in that regards. A copy of the extract of the Board Resolution dated 14th September 2025 is hereto annexed as Annexure A. 13) Each party represents and warrants to the other that the execution and enforcement of the present Consent Terms and the performance of such party's obligations and that the agreed terms are binding on the party(s) (including its heirs, representatives, executors, administrators and assigns) and enforceable accordingly. 14) In the event that any party breaches any of his/her/its obligations herein, these terms shall become executable as a decree/order of this Hon’ble Court, being the only remedy available to the parties in case of such breach/es. 15) The captioned Second Appeal be disposed off accordingly in terms hereof. The Tribunal’s Order be set aside by consent in so far as the Respondents are concerned. These terms shall not be treated as a precedent for any other case. 16) Both the parties shall bear their own respective costs. Undertakings made herein be kindly accepted by this Hon’ble Court with liberty to apply. 9. Various statements made in the Consent Terms are accepted as undertakings given to this Court. Page 8 Sonali 905-SA-252-2022.DOC 10. In view of the Consent Terms, order dated 1st November 2018 passed by the Maharashtra Revenue Tribunal, Mumbai and I/c. Maharashtra Real Estate Appellate Tribunal, (MahaRERA), Mumbai in Appeal No.AT006000000000291 is quashed and set asie and the said Appeal No.AT006000000000291 is disposed of in terms of the Consent Terms. 11. It is clarified that the said Consent Terms are filed in only one Appeal and therefore, the said order dated 1st November 2018 is quashed and set aside with respect to only one Appeal which has been filed before the Maharashtra Real Estate Appellate Tribunal, Mumbai concerning Ms. Neha Arvind Nadkarni and Mr. Arvind Nadkarni. 12. Accordingly, the Second Appeal is disposed of in above terms and in terms of the Consent Terms, with no order as to costs. 13. In view of the disposal of the Second Appeal, nothing survives in the Civil Applications and the same are also disposed of. [MADHAV J. JAMDAR, J.] Page 9 Sonali