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2026 DAILYLAW 13538 (BOM)

MS RELIABLE CONSTRUCTIONS v. BHAGWANDAS BALARAM KESARWANI

IA/6456/2026 · 2026-09-30

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Judgment text

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4-IA6456-2026.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6456 OF 2026 IN SECOND APPEAL (ST) NO. 22918 OF 2026 M/s. Reliable Constructions ...Applicant/ Appellant Bhagwandas Balaram Kesarwani & anr. …Respondents Mr. Bahraiz Irani, a/w Anosh Irani, Afrin Dalal and Amit Padwal, for the Applicant/Appellant. Mr. Sumeet Upadhyay, a/w Harsh Agarwal, i/b Harsh Agarwal, for the Respondents. CORAM: N. J. JAMADAR, J. DATED: 30th SEPTEMBER, 2026 PC:- IA/6456/2026 1. Heard the learned Counsel for the parties. 2. This is an application for condonation of delay in preferring the appeal against an order dated 26th November, 2025 passed by the Maharashtra Real Estate Appellate Tribunal. 3. The learned Counsel for the respondents – allottees, on instructions, submits that the respondents have no objection to 1/3 SANTOSH SUBHASH KULKARNI Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2026.10.02 12:08:57 +0530 4-IA6456-2026.DOC condone the delay in view of the settlement arrived at between the parties. 4. In view of the aforesaid statement and for the reasons assigned in the application, the delay of 244 days in preferring the appeal stands condoned. 5. The application stands disposed. 6. Appeal be registered. SA(ST)/22918/2026 7. Heard the learned Counsels for the parties. 8. The learned Counsel for the parties submit that the parties have amicably resolved the dispute and Consent Terms have been executed. 9. The learned Counsel seek leave to tender the Consent Terms. 10. Leave granted. 11. Mr. Irshad Hanif Mulla, a partner of the appellant firm and Mr. Bhagwandas Balaram Kesarwani (R1) and Mrs. Radha Bhagwandas Kesarwani (R2), are present before the court. They admit the contents of the Consent Terms and execution thereof. They submit that they have voluntarily executed the Consent 2/3 4-IA6456-2026.DOC Terms and there is no coercion or duress. The parties are identified by their respective Counsels. 12. Upon being specifically inquired, the parties submit that they have read and understand the Consent Terms and they agree to abide by the same. It appears that a comprehensive settlement has been arrived at between the parties, and the parties have voluntarily executed the Consent Terms. 13. The Consent Terms are thus taken on record and marked ‘X’. 14. The undertakings given in the Consent Terms ‘X’ are accepted as undertakings to the Court. 15. The appeal stands disposed in accordance with the Consent Terms ‘X’. 16. As prayed in the Consent Terms, the Consent Terms ‘X’ shall be kept confidential and shall not be reproduced without the leave of this Court. 17. The parties are, however, entitled to obtain the certified copy of the Consent Terms ‘X’. [N. J. JAMADAR, J.] 3/3