Sahajanand Arista Association , through Its Secretary Bhakti Sabarish vs Sahajanand Developers through Its Sole Proprietor Jitendra S Brahmbhatt.

through its Secretary Smt. Bhakti ) Sabarish, having address at B603, ) Jaismruti, Plot No. 57, LT Nagu, ) Road No. 4, Off. MG Road, ) Goregaon (West), Mumbai – ) 400104. ) Plaintiff

¶11

VERSUS

¶12

e

¶13

M/s. Sahajanand Developers ) Through its Sole Proprietor, Mr. ) Jitendra S. Brahmbhatt, having its ) registered office at 803, Palm ) Spring, Link Road, Malad (West), ) Mumbai – 400064. ) Defendant

¶14

CONSENT TERMS

¶15

The Plaintiff is a registered Association of the Flat Purchasers

¶16

in the project known as ' Arista’, being constructed on the land,

¶17

lg Survey No. 26 (pt), Siddharth Nagar Gurukul Co-operative

\ tC/ _, J/> \N

2

lb

'we

Housing Society Ltd., S. V. Road, opp. Spectra Motors, Goregaon (West), Mumbai - 400104 (hereinafter referred to as 'the said Project’, for brevity). The members of the Plaintiff have, each, purchased their respective flats / residential units in the said project which is to be developed by the Defendant.

¶23

•

¶24

The Defendant is a Developer, being the Sole Proprietorship

¶25

Concern of Mr. Jitendra S. Brahmbhatt, carrying on the business of development of properties and real estate, having its Registered Office, as more particularly mentioned in the cause title above.

¶26

The Plaintiff and the Defendant categorically confirm that they have arrived at a settlement in relation to the construction of flats purchased by the members of the Plaintiff-Association in the said project, on the terms and conditions as mentioned hereunder.

¶27

e

¶28

The members of the Plaintiff have authorized Mrs. Bhakthi Sabarish to enter into these Consent Terms on their behalf before this Hon’ble Court.

¶29

Accordingly, the Defendant would ensure that the construction of the said Project would begin within 60 days from the execution of these Consent Terms. Further, the Defendant also undertakes to this Hon’ble Court that the said project would be completed on or before 30/08/2026, with an additional grace pl

e

3

@

e

e

of six months. It is confirmed and acknowledged by the Defendant that the Occupation Certificate of the said Project would be made available to the Plaintiff Association within the time specified above and that the members of the Plaintiff-Association would be given lawful possession of their individual units upon the receipt of O.C. 6. The Defendant further agrees and undertakes that it would abide by the terms and conditions stipulated in the Agreement for Sale and the ancillary documents, if any, executed between the Defendant and individual members of the Plaintiff Association, the list of which (Members) is annexed herewith.

¶36

The Plaintiff and the Defendant hereby agrees and confirms that subsequent to the execution of the present Consent Terms and filing the same before this Hon’ble Court and in the manner as set out in present Consent Terms, the Plaintiff-Association would not initiate and / or threaten to initiate and / or file any suits and / or proceedings for any stay and / or any other legal proceedings against the Defendant (the Developer) in relation to the said project or otherwise for the completion of the said project or any sale therein up until the procurement of the Occupation Certificate (O.C.) (i.e. on or before 30/06/2026 (with an additional grace of six months) as

¶37

d in clause No 4 hereinabove It is, however, agreed by and

¶38

A

¶39

q

¶40

between the parties, especially by the Defendant hereto, that in the event of the Defendant failing to honor the undertakings in these Consent Terms, the Defendant shall be in contempt and all the undertakings given by the Plaintiff association shall stand to be void. The Plaintiff Association shall also be free to invoke any proceedings that would follow such a contempt.

¶41

The Plaintiff hereby agrees and undertakes to withdraw all the litigations, civil, criminal and / or otherwise initiated against the Defendant or the ones against the said project, subsequent to the execution of these presents and filing of the same before this Hon’ble Court.

¶42

The Plaintiff and the Defendant hereby agree and confirm that all the aforesaid undertaking, representation and assurance given by the Plaintiff and the Defendant, under the present Consent Terms, would be deemed as undertakings given to this Hon’ble Court by the respective parties and they, i.e. all the members of the PlaintiffAssociation and the Defendant, would be personally (as applicable) liable for any breach thereof.

e

e

e

The Plaintiff and the Defendant agree that the settlement

¶47

arrived at under these Consent Terms is valid and binding and

¶48

without any coercion or fraud on the part of any of them and tI

,D OF

@Hib

5

same has been mutually agreed upon by and between the Plaintiff

¶53

and the Defendant.

¶54

e

¶55

Each of the signatories to these Consent Terms hereby expressly represents, warrants and declares that they are competent to and have full authority, power and right to sign and execute the same on behalf of the respective parties and the same would be

¶56

binding on the respective parties in their individual capacity as well.

¶57

Mumbai, dated this Wtb day of February, 2025.

¶58

•

¶59

For Sahajanand Arista .=dAssociation 4

¶60

For Bellator Legal

¶61

/'

¶62

Authorized Representative of the Plaintiff Advocate for the Plaintiff

¶63

(RaMra Jain) Advocate for the Defendant

e

G

e

e

List of Members of Sahajanand Arista Association

¶69

e

¶70

fr No	Name	Flat No	Subvention	Agreement/Allotment ltr
1	Anantesh & ShwetaShanbha!	C2307	No	lreement
2	Bhakthi Sabarish & Sabarish Raman	C1602	Yes	Agreement with Subvention
3	lpshita Sen & Bharati Sen	C304	No	Agreement
4	1RaviSangam	C1403	Yes	Agreement with Subvention
5	! Lee Moi Lew	C1803	No	Agreement
6	1 Mneet Agrawal	C2303	No	Agreement with Subvention
7	1 AnkitRaut	C2003	No	Agreement
8	Vaibhav Kamble &Elizabeth 1Jagtal	C706	yes	Ag Subvention a
9	F Samir Kamat	C902	Yes	Agreement with Subvention
10	iRupin Suchak	C3706	No	Agreement
111	1HiteshSoni	C703	Yes	Agreement with Subvention i
1 12	1PrashantKadam	C205	No	Agreement with Subvention
	SachinBansod	C1607	No	Agreement
	Parimal Sheth & MaIa Sheth	C2403	No	Agreement
15	1 CHRIS JOHN GRACIAS	C1107	Yes	Agreement with Subvention 1
16	1SanjeevMishra	C3403	No	Agreement
17	1 Shane Shailesh Pereira	C1807	No	Agreement
1181	RKBhandal	C906	Yes	Ag Subvention
19	SameetSharma& Supriya Kulkarni	C2401	No	Agreement with Subvention
20	ShriAbrahamArikkat	C801	No	Agreement
21	Anil B Bagaria	C2201	No	Allotment Ltr
22	TanveerKazi	C501	No	Agreement
23	FAIZAHMEDKK	AllotmentLtr	No	Allotment Ltr
24	Romil Vira	C 802	No	Agreement
	ArchanaSinghW/OVinod Singh	C 805	Yes	Ag Subvention a
	ChetanKothari	C 2503	Yes	Agreement
27	Krunal Shah	C3506	No	Agreement
28	1NARAYANPATEL	C 2206	Yes	Agreement with Subvention
29	1ManishkumarWadhawa	C1406	No	Agreement
1 30	1 Dhrumin Shah/Deepak Shah	C1901	Yes	Agreement

¶71

¶72

CERTIFIED TRUE COPY OF THE RESOLUTION PASSED IN THE MEETING OF THE COMMITrEE MEMBERS OF SAHAJANAND ARISTA ASSOCIATION HELD ON 3./.1 / 2.25 AT RnGISTERnD ADDRnSS OF THE ASSOCIATION.

¶73

e

¶74

AUTHORIZE MRS. BHAKTI SABARISH TO SIGN AND EXECUTE THE CONSENT TBRMS.

¶75

RE>SOLVED THAT MRS. BHAKTI SABARISH, the Secretary of the Association, be and is hereby authorized to:

¶76

Sign and execute the consent terms arrived between the Association and the developer being Sahajanand Developers.

¶77

e

¶78

Appear on behalf of the Association in the Court for recording of the consent terms; and

¶79

Nominate, appoint and engage advocates, solicitors, counsels or other professionals and retainers; and to do all such acts, things, deeds as may be necessary or proper to carry out the purposes herein above mentioned.

¶80

Certified True Copy,

¶81

For SAHAJANAND ARISTA ASSOCIATION

¶82

2

¶83

e

¶84

qjRHqOR Bhakthi Sabarish qq aMa/ Doe, 09/11£r979 qfim / FEMALE

6459 6355 3437

e

E a

gIfT: Address : DIO dt.W. dqmrqq, qa/q IS. D/O V.N. Anantharaman, . ’ &d3rTf}Iq, & q Qq, &ItIfmr 12/115. Devashish. Road No. q=R -M-;r VI,- # #. ${. 29, Above Canara Bank, WWII - 400022 Koliwada Sion East, Mumbai, Mumbai, Maharashtra - 400022

¶89

•

¶90

J 6459 6355 3437
1 a47

¶91

6/ }lw zs
AA). fat FHM(#

¶92

g

¶93

e

¶94

##
iN€OM£Ta9£?AR?M£N? <8 GOVT. OF iNDiA
BHAKTH! SABARiSH I::iii>igig;I
ANANTHARAMAN NARAYANAN
09/1 1/1 979
Perrnanent Account Number
AKVPB8535G
/
Signature

¶95

e

¶96

In case this card is lost / found, kindly infol 'n / return to Income Tax PAX Services Unit, iiTJ'fSI. Plot No. 3, Sect€rr II, CBD Betapur, Na+ i X'lunrbai - +00 614 IN nrg M #i/VRW Tqa IIfea Mt/ M-nrR Hla&{ +R l:mr L;TITS nra+: +, &r $3 ,#tHt.tI 7:ft $B-yoo q IV

¶97

i):-C:’}):;:rB

¶98

}DIS
Dab: ='. pldN,iFf

¶99

i1:i

¶100

to

¶101

'::' ":?::i b C HIS §§{UIUI i'll! !

¶102

qTTRI' -WB[<: Sf{ } -II , ide' I _)i ~I '.c'!'{;Xi Irt r \ 1l1 I:. ,

¶103

Government of India

¶104

ii dRu'II qr ItHi+l / Enrollmont No 1218/17736/05551

¶105

To RIII eMBTqPqVq Jltendra $h8nk8Hal 8rQhmbhatt Th8 Gar8aaon Gan8Qh CHS LTD, Vodanl, 1401/C-Wing B Plot No. 18/18, OII M. G. R08d S: Near Panvalkar Hoopita1 Ur\not N89ar No. 2 GoreQ80n W83t ghI Mumbai Mah8ra8htrQ 400104 9821111521

¶106

Ref: 300 / 10E / 626328 / 526374 / p i!!!tlili]l!:lil,’:1iII:';ll l.i :=ll’:llll'I[il,lt;’1lilil l i'I l l UE4362670321N

¶107

e

¶108

WW ' ::' „. . WWI / Your^{.''.' '' ;; i; .:';+'} No.^: 4313 4797 8765

¶109

';Ii''“;:' . –. qTqM WqWqr WMafT ....---.-------.-.-..-.------'-'-X-.

¶110

T{rRTmqFr{

¶111

GOVEFINF,IENT OF INDIA ftRkqfrrmq ah\Iq Jltondra Sh8nk8d81 Br8hmbhatt =rnl inf / Year or BIrth : 1955 W/ Mole

e

4313 4797 8765

U

nhl. A

11

NCOMETAXDEPARIMENT ::' :' JITENDRA $ BRAHMBF}ATT

<,OVT OF iNDiA

inn&l{ urc:

b: (OF . Pe.

CONSENT TERMS VERIFICATION

¶123

Suit No 138 of 2024

¶124

e

¶125

I have verified Mrs. Bhakthi Sabarish, Secretary of the Plaintiff through Video Conferencing. I have verified the original Board Resolution passed in favour of Mrs. Bhakthi Sabarish, the original of which is annexed with the Consent Terms. She has signed the Consent Terms. I have verified that the Plaintiff appearing through V.C. is signatory to the Consent Terms

¶126

I have also verified Mr. Jitendra Brahmbhatt, Defendant, through Video Conferencing. I have verified that the Defendant appearing through V.C. is signatory to the Consent Terms.

¶127

e

¶128

Copies of the identities are annexed with the Consent Terms. Respective advocates have identified the signatories. //

¶129

L The signatories have admitted the terms and conditions of the Consent

¶130

Terms. The Consent Terms are duly signed by the parties out of their free will without any undue influence and coercion. The Consent Terms are duly

¶131

•

¶132

executed by the signatories. 7 b_,J