Ms Neelkanth Constructions v. Vaibhav Prabhakar Balla
IA/3229/2025 · 2026-07-22
Gauri Godse
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3343 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3343 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
4-SA-124-2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 124 OF 2025 Neelkanth Constructions. …Appellant Vs. Sujay Rajaln Joshi. …Respondent WITH INTERIM APPLICATION NO. 5288 OF 2026 WITH INTERIM APPLICATION NO. 3220 OF 2025 WITH SECOND APPEAL NO. 127 OF 2025 Neelkanth Constructions. …Appellant Vs. Deepesh S Singh. …Respondent WITH INTERIM APPLICATION NO. 3224 OF 2025 WITH INTERIM APPLICATION NO. 5303 OF 2026 WITH SECOND APPEAL NO. 126 OF 2025 Neelkanth Constructions. …Appellant Vs. Nikhil Narayan Bare. …Respondent WITH INTERIM APPLICATION NO. 5298 OF 2026 WITH INTERIM APPLICATION NO. 3227 OF 2025 1/4 Swapnil 2026:BHC-AS:30191
4-SA-124-2025.docx WITH SECOND APPEAL NO. 125 OF 2025 Neelkanth Constructions. …Appellant Vs. Vaibhav Prabhakar Balla. …Respondent WITH INTERIM APPLICATION NO. 5295 OF 2026 WITH INTERIM APPLICATION NO. 3229 OF 2025 Mr. Satyajeet P. Dighe for the appellant. Mr. Nilesh Garde a/w. Mr. Bajrang Solanke for respondent no.1 and proposed respondent no. 2.
CORAM : GAURI GODSE, J.
DATE :
22nd JULY 2026
ORDER :
1. Learned counsels for the respective parties have tendered the common consent terms in all the four second appeals. The consent terms is signed by the partner and the authorised representative of the appellant and all the four complainants who are the respondent in the second appeals. By consent of the parties, the society is added as a party respondent in all the second appeals. The authorised representative of the society has also signed the consent terms. All the signatories are present in the court. The 2/4
4-SA-124-2025.docx signatories are identified by their respective advocates. The advocates have also signed the consent terms. The respective authority letters of the appellant and the society are annexed to the consent terms. The identity documents of the complainants are annexed to the consent terms. The signatories who are present in the court, identified their signatures and admit the terms to be true and correct.
2. Consent terms dated 22nd July 2026 is taken on record and marked as “X1” with today’s date for identification.
3. I have perused the consent terms. The terms are legal and valid. The undertakings and assurances in the consent terms are accepted as undertakings to this court. The 20% amount of the corpus fund, as mentioned in paragraph 9 of the consent terms is to be paid on or before execution of the consent terms. Learned counsel for the appellant, on instructions, submits that the same would be paid till the end of the day by issuing cheque. The statement is accepted. The cheques to the complainants for the amount stated in the consent terms are handed over to the complainants. The partner and the authorised representative of the appellant undertakes to this court on behalf of the appellant that the 3/4
4-SA-124-2025.docx cheques issued pursuant to the consent terms shall be honoured. The statements and undertakings made on behalf of the appellant are accepted as the undertakings to this court.
4.
Learned counsel for the respondent in all the second appeals submits that he shall file vakalatnama on behalf of the society. Liberty to file vakalatnama.
5. The appellant is permitted to add the society as a party respondent in all the second appeals. Amendment to be carried out forthwith in the court.
6. All the four second appeals, are disposed of in terms of the consent terms.
7. In view of an amicable settlement between the parties, the orders impugned in the second appeals are quashed and set aside.
8. All other pending applications are disposed of as infructuous.
[GAURI GODSE, J.] 4/4