Jeevan Builders vs Madhu Jeevan Co-Op Housing Society Limited — Bombay HC (2025) — LawSathi Research

Jeevan Builders vs Madhu Jeevan Co-Op Housing Society Limited — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suit against Defendant Nos.2 to 5 dismissed as withdrawn; consent terms marked ‘X’ taken on record and the captioned Suit disposed of in terms thereof; all interlocutory applications, if any, dismissed and interim orders, if any, ended; refund of Court fees, if any, in accordance with the Rules under Section 43 of the Maharashtra Court Fees Act (with its proviso), with the order date fixed as the date of making the claim for repayment and a refund certificate to issue from the Prothonotary & Senior Master; soft copy of Consent Terms to be uploaded as the second order and hard copy of signed Consent Terms permanently retained on file.

Issue for consideration

Whether the captioned Suit should be disposed of in terms of the consent terms tendered by the parties, following the withdrawal of the Suit against Defendant Nos.2 to 5. +1 more

Court's answer

Leave to withdraw the Suit against Defendant Nos.2 to 5 (submitted to be statutory authorities) was acted upon; the Suit against Defendant Nos.2 to 5 stands dismissed as withdrawn.

Ratio / Principle

Accepting counsel's assurance as to scope, the consent terms were marked ‘X’ and taken on record, and the captioned Suit was disposed of in terms of the consent terms.

Key takeaways

In view of the disposal of the Suit, all interlocutory applications, if any, stand dismissed, and any interim order comes to an end.ratio¶¶27
Refund of Court fees, if any, to be governed by the Rules; for the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso thereto, the date of the order (7 February 2025) is fixed as the date of making the claim for repayment; the Prothonotary & Senior Master to issue a certificate for refund of Court Fees computed according to the Rules.ratio¶¶31

Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction (Arif S. Doctor, J.; order dated 7 February 2025) — Suit No. 51 of 2024 with Interim Application No. 410 of 2024, Jeevan Builders v. Madhu Jeevan Co-op Housing Society Limited. At the outset, leave was granted to withdraw the Suit against Defendant Nos.2 to 5, whom counsel submitted were statutory authorities, and the Suit against them was dismissed as withdrawn. The parties tendered consent terms whose execution was supported by a report of the Associate/Affirming Officer of the Court recording that the signatories admitted the contents and executed the Consent Terms out of free will, without undue influence and coercion. On counsel's assurance that the consent terms operate only qua the parties inter se, do not travel beyond the scope of the Suit, and do not affect the rights of non-parties or issues outside the Suit, the terms were marked ‘X’, taken on record, and the Suit was disposed of in terms thereof. Consequently, all interlocutory applications, if any, stood dismissed and any interim order came to an end. Refund of Court fees, if any, was directed in accordance with the Rules; for purposes of Section 43 of the Maharashtra Court Fees Act and the proviso thereto, the date of the order was fixed as the date of making the claim for repayment, and the Prothonotary & Senior Master was directed to issue a certificate for refund of Court Fees computed according to the Rules. The Registry was further directed to upload a soft copy of the Consent Terms as the second order and to permanently retain the hard copy of the signed Consent Terms on file, not sending it for destruction in the ordinary course. No precedent was cited and no contested issue was adjudicated; the order records a consensual disposal.

Digitally signed by MULEY MULEY SHUBHAM SHUBHAM PRAVINRAO PRAVINRAO Date: 2025.02.11 09:31:35 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT NO. 51 OF 2024

Jeevan Builders

...Plaintiff

Vs.

Madhu Jeevan Co-op Housing Society Limited

...Defendant

WITH

INTERIM APPLICATION NO. 410 OF 2024

Adv. Vishal Mehta a/w Chaitanya Sapkal i/by MV Law Partners for the Plaintiff. Adv. Hitesh Rajpurohit a/w A. Oza, Bishwajeet Mukherjee, H. Sayyed and Rajeev Sharma for the Defendant.

CORAM : ARIF S. DOCTOR, J. DATE : 7TH FEBRUARY, 2025

P.C.:-

At the outset, Learned Counsel for the Plaintiff seeks leave to withdraw the present Suit against Defendant Nos.2 to 5, who he submits are all statutory authorities.

The Suit against Defendant Nos.2 to 5 is thus dismissed as

withdrawn.

Learned Counsel for the parties today tender consent terms. The execution of the consent terms is duly supported by a report of the

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Associate/Affirming Officer of this Court, which report inter alia sets out as follows:

“Signatories have admitted the contents of the Consent 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 executed by the signatories.”

Learned Counsel assures the Court that these consent terms apply only qua the parties inter se and do not travel beyond the scope of the Suit and in any manner affect the right title and interest of any individual/entity who are not party to the consent terms as also do not touch upon any issue which is not subject matter of the Suit.

Accepting his assurance, consent terms are marked ‘X’ and taken on record. The captioned Suit is disposed of in terms of the consent terms.

A soft copy of the Consent Terms will be uploaded as the second order in the matter. The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course.

In view of the disposal of the Suit, all interlocutory applications, if any, shall also stand dismissed. Interim order, if any, shall also come to an end.

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Refund of the Court fees, if any, in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today’s date is the date of making a claim for repayment. The Prothonotary & Senior Master to issue a certificate for a refund of Court Fees computed according to the Rules.

(ARIF S. DOCTOR, J.)

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