Second appeal settled amicably by Consent Terms signed by appellants and respondents 1 and 2; appeal disposed of accordingly, modifying orders of MahaRERA and the Real Estate Appellate Tribunal to the extent agreed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.291 OF 2023
Gazdar Properties & Ors. ....Appellants
V/S
Mustafa Madraswalla & Ors.....Respondents
Mr. Naushad Engineer a/w Mr.AnoshSequiria i/b Mr.Avesh Kayser for the
Applicants.
Mr. Vishal Kanade with Ms. Punita Arora, Mr. Puneet Arora, Ms. Tanaya
Patankar, Mr. Manish A. Kukreja and Ms. Richa Shukla i/b M/s. Arora & Co. for
Respondent Nos.1 and 2.
Mr. Chirag Balsaraa/w Mr. Alhan Kayser for Respondent No.3.
Mr. Ranjeev Carvalho a/w Mr. Mohanish Chaudhari and Ms. Apeksha Sharma
for Respondent No.4.
CORAM: SANDEEP V. MARNE, J. DATE : 29 APRIL 2024.
P.C.:
1The learned counsel appearing for the Appellants and the learned
counsel appearing for Respondent Nos.1 and 2 jointly submit that parties have
amicably resolved their disputes. Consent Terms are tendered, which are
signed by the Appellant Nos.1, 2 and 3 as well as by Respondent Nos.1 and 2.
All the signatories are present in the Court and admit their signatures as well
as contents of the Consent Terms. The Consent Terms are taken on record
and marked ‘X’ for identification.
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2The Second Appeal is disposed of in view of the Consent Terms. The
orders passed by the Maharashtra Real Estate Regulatory Authority as well as
Maharashtra Real Estate Appellate Tribunal shall stand modified to the extent
of agreement in the Consent Terms.
(SANDEEP V. MARNE, J.)
Digitally signed by SUDARSHAN SUDARSHAN RAJALINGAM RAJALINGAM KATKAM KATKAM Date: 2024.05.02 10:47:46 +0530
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1 issue framed by the court
Whether the second appeal could be disposed of in terms of the Consent Terms signed by the parties.
Gazdar Properties & Ors.
Mustafa Madraswalla & Ors.
Sandeep V. Marne
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court