Link Tower Co-Operative Housing Society Limited vs Girishchandra Purshottamdas Sadh — Bombay HC (2025) — LawSathi Research

Link Tower Co-Operative Housing Society Limited vs Girishchandra Purshottamdas Sadh — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

By consent: undertakings in the Consent Terms dated December 15, 2025 between the Plaintiff (Link Tower CHS. Ltd.) and Defendant No.19 accepted as undertakings given to the Court and the Consent Terms taken on record and marked 'X' for identification; interlocutory orders dated September 11, 2023, September 18, 2025 and September 25, 2025 varied solely to permit joint redevelopment of the land entitlements of the Plaintiff and Defendant No.19, without affecting the rights and obligations of the remaining Defendants and other parties; parties to take out a separate application as an additional plaint in terms of the Consent Terms.

Issue for consideration

Whether to accept and record the Consent Terms dated December 15, 2025 reached between the Plaintiff and Defendant No.19 settling their inter se disputes, leaving the disputes with the other Defendants open. +1 more

Court's answer

The undertakings in the Consent Terms dated December 15, 2025 between the Plaintiff and Defendant No.19 are accepted as undertakings given to the Court, and a copy of the Consent Terms is taken on record and marked 'X' for identification.

Ratio / Principle

The interlocutory orders dated September 11, 2023 and September 18, 2025 and the order dated September 25, 2025 stand varied, only so as to permit joint redevelopment of the land entitlements of the Plaintiff and Defendant No.19.

Key takeaways

The Consent Terms would not affect the rights and obligations of the remaining Defendants and the other parties to the proceedings.ratio¶36
As recorded by the Court, the settlement entails a joint development of the respective properties of the Plaintiff and Defendant No.19, and both parties would continue to prosecute the suit against the other Defendants.ratio¶31
Direction of the Court: all actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on the Court's website.

Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction — Suit No.105 of 2024, order dated DECEMBER 15, 2025 (Somasekhar Sundaresan, J.). Records Consent Terms dated December 15, 2025 between the Plaintiff (Link Tower CHS. Ltd.) and Defendant No.19 settling their inter se disputes through a joint development of their respective properties, with disputes against the other Defendants left open and the suit to continue against them. The interlocutory orders dated September 11, 2023 and September 18, 2025 and the order dated September 25, 2025 stand varied solely to permit joint redevelopment of the land entitlements of the Plaintiff and Defendant No.19. Undertakings in the Consent Terms are accepted as undertakings given to the Court, and the Consent Terms are taken on record and marked 'X' for identification. The Consent Terms do not affect the rights and obligations of the remaining Defendants and the other parties to the proceedings. Learned Counsel submit they will take out a separate application as an additional plaint in terms of the Consent Terms; all actions pursuant to the order to be taken upon receipt of a downloaded copy from the Court's website. No statute or precedent is cited in this order.

501.S.105.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT NO.105 OF 2024

WITH

INTERIM APPLICATION NO.5457 OF 2025 IN

SUIT NO.105 OF 2024 WITH INTERIM APPLICATION NO.1197 OF 2024

IN

SUIT NO.105 OF 2024

Link Tower CHS. Ltd. ….Plaintiff/Applicant Versus Girishchandra Purshottamdas Sadh & Ors. ....Respondents

WITH INTERIM APPLICATION NO.6062 OF 2025

IN

SUIT NO.105 OF 2024

Kanta Suresnda Co. ….Applicant IN THE MATTER BETWEEN Link Tower CHS Ltd. ….Plaintiff Versus Girishchandra Purshottamdas Sadh & Ors. ....Respondents

WITH INTERIM APPLICATION NO.5596 OF 2025

IN

SUIT NO.105 OF 2024

Niranjan Apasrtment CHS Ltd. ….Applicant IN THE MATTER BETWEEN Link Tower CHS. Ltd. ….Plaintiff Versus Girishchandra Purshottamdas Sadh & Ors. ....Respondents

Digitally signed by AARTI AARTIGAJANAN GAJANAN PALKAR PALKAR Date:2025.12.17 16:57:30 +0530 Aarti Palkar

Page 1 of 3 DECEMBER 15, 2025

501.S.105.2024.doc

Mr. Yash Homaya a/w. Kinjal Kakkad i/b. Vipul Shukla , for Plaintiff.

Mr. H. Thanu Subramanian , Chairman of Plaintiff.

Mr. Heman Vichare , Secretary of Plaintiff.

Mr. Dharmarajan Krishnan , Treasurer of Plaintiff. Mr. Kalpesh Joshi , Chaiman of Defendant No.19. Mr. Santosh Tawade , Secretary of Defendant No.19.

Mr. Kiran Jawle , Treasurer of Defendant No.19.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : DECEMBER 15, 2025

ORDER :

Learned Advocates for the Plaintiff and Defendant No.19 jointly submit that they have reduced to writing the terms of settlement reached between the two of them, leaving the disputes with the other Defendants open. The parties have tendered Consent Terms dated December 15, 2025 in which they have reduced to writing the terms on which they have resolved their inter se disputes.

The terms essentially entail a joint development of their respective properties i.e. properties of the Plaintiff and Defendant No.19, which would be pursued by them and both of them would continue to prosecute the suit vis-a-vis the other Defendants.

Page 2 of 3 DECEMBER 15, 2025

Aarti Palkar

501.S.105.2024.doc

In these circumstances, the interlocutory orders dated September 11, 2023, September 18, 2025 and an order dated September 25, 2025 would stand varied, only so as to permit such joint redevelopment of the land entitlements of the Plaintiff and Defendant No.19.

These Consent Terms would not affect the rights and obligations of the remaining Defendants and the other parties to the proceedings. Learned Advocate submits that there is nothing in the Consent Terms that conflicts with any requirement of law. The undertakings in the Consent Terms are accepted as an undertaking given to the Court. A copy of the consent terms is taken on record and marked ‘X’ for identification.

Learned Counsel also submits that they would take out a separate application as an additional plaint in terms of the Consent Terms.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court’s website.

[ SOMASEKHAR SUNDARESAN, J.]

Page 3 of 3 DECEMBER 15, 2025

Aarti Palkar