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2025 DAILYLAW 77782 (BOM)

M J SHAH ENTERPRISE v. MS SUPREME CONSTRUCTION

IA/2901/2025 · 2025-11-03

Shri Milind N Jadhav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

4.COMS.54.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL SUIT NO.54 OF 2025 WITH INTERIM APPLICATION NO.2901 OF 2025 IN COMMERCIAL SUIT NO.54 OF 2025 M/s. M J Shah Enterprise .. Plaintiff Versus M/s. Supreme Constructions and Ors. Defendants ....................  Mr. Mohit Khanna a/w. Ms. Pallavi Kulkarni and Ms. Daksha Parmar, Advocates i/by Mr. Prajot H. Jaggi for Plaintiff.  Mr. Adil Parsurampuria a/w. Ms. Khan Nazreen and Ms. Vishakha Tandel, Advocate i/by P. Y. Shankar for Defendant Nos.1 and 2 and for Applicant.  Mr. Pankaj Shinde, Advocate i/by Mr. Ashish T. Suryavanshi for Defendant No.3.  Mr. Nazir Husain Naik, Advocate for Defendant No.4. ................... CORAM : MILIND N. JADHAV, J. DATE : NOVEMBER 03, 2025 P.C. : 1. Heard learned Advocates for respective parties. 2. Parties have reconciled their disputes and differences and filed Consent Terms. Consent Terms dated 03.11.2025 are taken on record and marked as ‘X-2’ for identification. They are totally running into 13 pages. For reference and convenience, the Consent Terms upto execution clause are scanned and reproduced below:- 1 of 13 4.COMS.54.2025.doc 2 of 13 4.COMS.54.2025.doc 3 of 13 4.COMS.54.2025.doc 4 of 13 4.COMS.54.2025.doc 5 of 13 4.COMS.54.2025.doc 6 of 13 4.COMS.54.2025.doc 7 of 13 4.COMS.54.2025.doc 8 of 13 4.COMS.54.2025.doc 9 of 13 4.COMS.54.2025.doc 10 of 13 4.COMS.54.2025.doc 11 of 13 4.COMS.54.2025.doc 3. Consent Terms are executed by Plaintiff, Advocate for Plaintiff, Defendant No.1; Advocate for Defendant No.1; Defendant No.2; Advocate for Defendant No.2; Defendant No.3; Advocate for Defendant No.3 and Advocate for Defendant No.4. Parties have been identified by their respective Advocates. 4. Defendant No.4 namely Sri Govind Premises LLP who is the purchaser of the subject suit property has not signed the Consent Terms. However all parties are ad-idem that he has already been put in possession of the subject suit premises and therefore they have no grievance if Defendant No.4 does not sign the Consent Terms. Parties representing Plaintiff and Defendant Nos.1 to 3 do not dispute possession of Suit property by Defendant No.4 in Commercial Suit No.54 of 2025. 5. Rights and obligations stated in the Consent Terms are taken 12 of 13 4.COMS.54.2025.doc as undertaking given to this Court. Parties are directed to abide by the same. 6. Order in terms of Consent Terms. 7. With the above directions, Commercial Suit is disposed. In view of disposal of Commercial Suit, pending Interim Application is also disposed. 8. Liberty to apply. H. H. SAWANT [ MILIND N. JADHAV, J. ] 13 of 13 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2025.11.03 17:04:32 +0530