M J Shah Enterprise vs Ms Supreme Constructions — Bombay HC (2025) — LawSathi Research

M J Shah Enterprise vs Ms Supreme Constructions — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Orders passed in terms of Consent Terms dated 03.11.2025 (taken on record and marked 'X-2'); rights and obligations under the Consent Terms accepted as undertakings to the Court; parties directed to abide by them; Commercial Suit No.54 of 2025 disposed and pending Interim Application No.2901 of 2025 consequently disposed; liberty to apply.

Issue for consideration

Whether to take the Consent Terms dated 03.11.2025 on record, pass orders in their terms, and thereby dispose of the Commercial Suit and the pending Interim Application.

Court's answer

Parties having reconciled their disputes and differences, the Consent Terms dated 03.11.2025 (totalling 13 pages) were taken on record and marked 'X-2' for identification.

Ratio / Principle

The rights and obligations stated in the Consent Terms are accepted as undertakings given to the Court, and the parties are directed to abide by them.

Key takeaways

Orders were passed in terms of the Consent Terms.ratio¶45
All parties are ad idem that Defendant No.4 has already been put in possession of the subject suit premises and have no grievance at his not signing the Consent Terms; the disposal of the suit was accordingly effected notwithstanding Defendant No.4's non-signature.ratio¶40
With the above directions, the Commercial Suit is disposed, and in view of the disposal of the Commercial Suit the pending Interim Application is likewise disposed.ratio

Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction (Milind N. Jadhav, J.; decided 03.11.2025) — Commercial Suit No.54 of 2025 (with Interim Application No.2901 of 2025): M/s. M J Shah Enterprise (Plaintiff) v. M/s. Supreme Constructions and Ors. (Defendants). Parties reconciled their disputes and filed Consent Terms dated 03.11.2025, running into 13 pages, which were taken on record and marked 'X-2' for identification. The Consent Terms were executed by the Plaintiff, the Advocates for the Plaintiff and for Defendants Nos.1 to 3, Defendants Nos.1, 2 and 3, and the Advocate for Defendant No.4; the parties were identified by their respective Advocates. Defendant No.4, Sri Govind Premises LLP, purchaser of the subject suit property, did not sign the Consent Terms, but all parties were ad idem that he had already been put in possession of the subject suit premises and had no grievance at his non-signature. The rights and obligations stated in the Consent Terms were accepted as undertakings given to the Court and the parties directed to abide by them. Order was passed in terms of the Consent Terms; with these directions the Commercial Suit was disposed, and in view thereof the pending Interim Application was also disposed; liberty to apply was reserved.

4.COMS.54.2025.doc

HARSHADA H. SAWANT (P.A.)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

COMMERCIAL SUIT NO.54 OF 2025 WITH INTERIM APPLICATION NO.2901 OF 2025 IN

COMMERCIAL SUIT NO.54 OF 2025

M/s. M J Shah Enterprise .. Plaintiff Versus M/s. Supreme Constructions and Ors. Defendants

Mr. Mohit Khanna a/w. Ms. Pallavi Kulkarni and Ms. Daksha Parmar, Advocates i/by Mr. Prajot H. Jaggi for Plaintiff.

Mr. Adil Parsurampuria a/w. Ms. Khan Nazreen and Ms. Vishakha Tandel, Advocate i/by P. Y. Shankar for Defendant Nos.1 and 2 and for Applicant.

Mr. Pankaj Shinde, Advocate i/by Mr. Ashish T. Suryavanshi for Defendant No.3.

Mr. Nazir Husain Naik, Advocate for Defendant No.4.

CORAM : MILIND N. JADHAV, J. DATE : NOVEMBER 03, 2025

P.C.:

1. Heard learned Advocates for respective parties.

2. Parties have reconciled their disputes and differences and

filed Consent Terms. Consent Terms dated 03.11.2025 are taken on record and marked as ‘ X-2 ’ for identification. They are totally running into 13 pages. For reference and convenience, the Consent Terms upto execution clause are scanned and reproduced below:-

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3. Consent Terms are executed by Plaintiff, Advocate for Plaintiff, Defendant No.1; Advocate for Defendant No.1; Defendant No.2; Advocate for Defendant No.2; Defendant No.3; Advocate for Defendant No.3 and Advocate for Defendant No.4. Parties have been identified by their respective Advocates.

4. Defendant No.4 namely Sri Govind Premises LLP who is the purchaser of the subject suit property has not signed the Consent Terms. However all parties are ad-idem that he has already been put in possession of the subject suit premises and therefore they have no grievance if Defendant No.4 does not sign the Consent Terms. Parties representing Plaintiff and Defendant Nos.1 to 3 do not dispute possession of Suit property by Defendant No.4 in Commercial Suit No.54 of 2025.

5. Rights and obligations stated in the Consent Terms are taken

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as undertaking given to this Court. Parties are directed to abide by the same.

6. Order in terms of Consent Terms.

7. With the above directions, Commercial Suit is disposed. In view of disposal of Commercial Suit, pending Interim Application is also disposed.

8. Liberty to apply.

H. H. SAWANT

[ MILIND N. JADHAV, J. ]

Digitally signed by HARSHADA HARSHADA HANUMANT HANUMANT SAWANT SAWANT Date: 2025.11.03 17:04:32 +0530

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