Disposed¶32

Prashama Shukla and Anr. v. Heena Builders and Developers and Ors.

Bombay HC23 Jul 2025CRR/163/2025

Case brief

AI extract

What is this about?

Consent terms disposal order; Bombay High Court Ordinary Original Civil Jurisdiction; Suit (L) No.1242 of 2018; Court Receiver Report No.163 of 2025; Interim Application (L) No.17712 of 2024; Interim Application (L) No.31536 of 2025; Court Receiver Report No.459 of 2024; Prashama Shukla & Anr. v. Heena Builders And Developers & Ors.; Eshaan Developers; Rajesh Shinde; property tax bill rectification; Court Receiver costs clause (I); Kamal Khata, J.; 15 October 2025.

What did the court decide?

Interim Application (L) No.17712 of 2024 disposed of in terms of Consent Terms; Court Receiver Report No.163 of 2025 and Interim Application (L) No.31536 of 2025 disposed of; Court Receiver to be paid costs as per clause (I) of the Report. ¶32

Prashama Shukla and Anr. vs Heena Builders and Developers and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Consent Terms tendered by the parties should be accepted and the pending interim applications and Court Receiver reports disposed of in terms thereof.

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Court's answer

The parties present confirmed before the Court that the Consent Terms were executed voluntarily, of their own free will and without coercion or undue influence.

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Ratio / Principle

The Consent Terms tendered are accepted and marked “X” for identification with today’s date.

¶28

Key takeaways

On perusal, the Consent Terms are found to be in order, not contrary to law, and reflective of the true intentions of the parties.ratio¶29
Undertakings contained in the Consent Terms, if any, are accepted as undertakings to the Court.ratio¶31
The Registry shall permanently retain the hard copy of the signed Consent Terms on record and not send it for destruction in the ordinary course.ratio

Detailed headnote1 paragraphs

Bombay High Court (Kamal Khata, J.), by order dated 15 October 2025, disposed of Interim Application (L) No.17712 of 2024, Court Receiver Report No.163 of 2025 and Interim Application (L) No.31536 of 2025 arising in Suit (L) No.1242 of 2018 (Prashama Shukla & Anr. v. Heena Builders And Developers & Ors.) in terms of Consent Terms tendered by the parties. The parties confirmed execution of the Consent Terms voluntarily and without coercion or undue influence; the Consent Terms were accepted and marked “X”; undertakings therein were accepted as undertakings to the Court; and the Registry was directed to permanently retain the signed Consent Terms on record. The Court Receiver is to be paid costs as per clause (I) of his Report; the Authorized representative of Eshaan Developers agreed to perform per the Consent Terms timeline; the parties have liberty to apply on operational issues; and the Society may apply for rectification of property tax bills, to be considered by the Corporation in accordance with law within six weeks.

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Sumedh

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

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COURT RECEIVER REPORT NO.163 OF 2025

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IN SUIT (L) NO.1242 OF 2018

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Prashama Shukla & Anr.

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... Plaintiffs

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v/s.

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Heena Builders And Developers & Ors.

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... Respondent

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WITH

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INTERIM APPLICATION (L) NO.17712 OF 2024 WITH INTERIM APPLICATION (L) NO.31536 OF 2025 WITH COURT RECEIVER REPORT NO.459 OF 2024

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IN SUIT (L) NO.1242 OF 2018

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Ms. Sapna Rachure for the Plaintiff.

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Mr. Vipul Shah i/by L.C. Tolat & Co. for Defendant Nos.1 & 3. Mr. Mayur Khandeparkar a/w. Adv. Devansh Shah, Adv. Atul Mishra i/by Adv. Dilip Shukla for Defendant No.4. Ms. Gauri Mestha i/by LJL for Judgment Creditors. Mr. Aseem Naphade i/by Adv. J. Jain for the Applicant. Mr. D.D. Singh a/w. Adv. D.K. Shukla for the Intervenors. Mr. Nitin C. Pawar, Court Receiver, High Court, Bombay.

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CORAM : KAMAL KHATA, J.

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DATED : 15TH OCTOBER 2025.

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P.C. :

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INTERIM APPLICATION (L) NO.17712 OF 2024

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The learned Advocate for the respective parties submits that

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SUMEDH NAMDEO SONAWANE

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Digitally signed by SUMEDH NAMDEO SONAWANE Date: 2025.10.17 11:01:35 +0530

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the parties have amicably settled their disputes and tendered Consent Terms.

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The parties to the Consent Terms, who are present in Court, have been identified by the Associate and have confirmed their respective signatures on the Consent Terms. The Advocates for the parties have also appended their signatures alongside their respective clients.

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The parties present confirm before the Court that the Consent Terms have been executed voluntarily of their own free will, and without any coercion or undue influence.

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The Consent Terms tendered are accepted and marked “X” for identification with today’s date.

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Upon perusal of the Consent Terms, I find them to be in order, not contrary to law, and reflective of the true intentions of the parties.

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The Registry shall ensure that the hard copy of the signed Consent Terms is permanently retained on record and not sent for destruction in the ordinary course.

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Undertaking contained in the Consent Terms, if any, are accepted as undertaking to this Court.

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Interim Application (L) No.17712 of 2024 is disposed of in terms of Consent Terms.

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2/3

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Court Receiver Report No.163 of 2025 is disposed of.

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Interim Application (L) No.31536 of 2025 is disposed of.

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Mr. Rajesh Shinde, Authorized representative of Eshaan Developers is present in Court and has agreed to perform as per the Consent Terms as the timeline provided therein.

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The Court Receiver shall be paid the costs as per clause (I) of the Report.

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In the event, if there are any operational issues, parties are liberty to apply for appropriate orders.

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Society is at liberty to apply for rectification of the property

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tax bills from the Corporation which it will consider in accordance with law within a period of six weeks from the date of the Application.

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(KAMAL KHATA, J.)

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Prashama Shukla and Anr. v. Heena Builders and Developers and Ors.

Case brief

What is this about?

What did the court decide?

Prashama Shukla and Anr. v. Heena Builders and Developers and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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