Paramratan Co-Operative Housing Society Ltd. (Proposed Co-Appellant NO.5) vs Stonehenge Construction Pvt. Ltd. — Bombay HC (2025) — LawSathi Research

Paramratan Co-Operative Housing Society Ltd. (Proposed Co-Appellant NO.5) vs Stonehenge Construction Pvt. Ltd. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Civil Application No. 3725 of 2013 disposed of in terms of the consent terms dated 15 September 2025 tendered by counsel for the appellant-society and respondent no.1; consent terms taken on record and made part of the order, with undertakings therein treated as undertakings to the Court; contentions and interim relief of the appellant in First Appeal No. 1361 of 2013 expressly kept open; other matters listed for 08 December 2025.

Issue for consideration

Whether Civil Application No. 3725 of 2013 (standing qua Paramratan Co-operative Housing Society Limited alone) should be disposed of in terms of the consent terms dated 15 September 2025 tendered by the parties. +3 more

Court's answer

Civil Application No. 3725 of 2013, which by then stood qua Paramratan Co-operative Housing Society Limited alone, is disposed of in terms of the consent terms dated 15 September 2025 tendered by counsel for the appellant-society and respondent no.1; the consent terms are taken on record and form part of the order.

Ratio / Principle

Undertakings given in the consent terms are to be treated as undertakings to the Court.

Key takeaways

The consent terms taken on record in Civil Application No. 3725 of 2013 in First Appeal No. 1362 of 2013 would not preclude the appellant in First Appeal No. 1361 of 2013 from pleading his case, that appeal being pending before this Court.ratio¶40
All contentions of the appellant in First Appeal No. 1361 of 2013 are kept open, including the interim relief granted in that First Appeal.ratio¶40
Any order passed in the present Civil Application will not amount to adjudication of any other Civil Application, Interim Application or the First Appeal in First Appeal No. 1361 of 2013.

Detailed headnote1 paragraphs

Bombay High Court (Jitendra Jain, J.), 12 November 2025 - Civil Application No. 3725 of 2013 in First Appeal No. 1362 of 2013 (by then standing qua Paramratan Co-operative Housing Society Limited alone, against M/s. Stonehenge Construction Private Limited, MCGM and the State of Maharashtra) is disposed of in terms of consent terms dated 15 September 2025 tendered by counsel for the appellant-society (Piyush Shah with Dishang Shah and Kinjal Gogri) and respondent no.1 (Simil Purohit, Senior Counsel); the consent terms are taken on record and form part of the order, and undertakings therein are treated as undertakings to the Court. The Court makes clear that the consent terms do not preclude the appellant in First Appeal No. 1361 of 2013 from pleading his case; all contentions in that pending appeal, including the interim relief already granted there, are kept open, and nothing in this order adjudicates the other pending Civil Application/Interim Application/First Appeal. Counsel stated that the interim relief, if any, in First Appeal No. 1362 of 2013 stands merged into the consent terms (recorded, not adjudicated). Other matters listed for 08 December 2025. Background: original applicant/appellant no.1 Ghisulal Rathod was deleted on death (order dated 10 October 2022), legal heirs were brought on record and then deleted on 7 February 2023 in Interim Application No. 166 of 2023 because the appeal had been filed by him as secretary of the society, not personally.

HMK 1 15. CAF-3725-2013.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

CIVIL APPLICATION NO. 3725 OF 2013 IN

FIRST APPEAL NO. 1362 OF 2013

Mr. Ghisulal S. Rathod (deleted since deceased) & Anr.

….Applicants/ Appellants

Versus

M/s. Stonehenge Construction Private Limited & Ors.

.…Respondents

WITH

INTERIM APPLICATION NO. 12531 OF 2025

IN

FIRST APPEAL NO. 1361 OF 2013

Paramratan Co-operative Housing Society Limited (Proposed Co-Appellant No.5) ….Applicant

IN THE MATTER BETWEEN

Ghisulal S. Rathod (deleted since deceased) & Ors.

….Appellants

Versus

M/s. Stonehenge Construction Private Limited .…Respondent

WITH

CIVIL APPLICATION NO. 3720 OF 2013

IN FIRST APPEAL NO. 1361 OF 2013

Ghisulal S. Rathod (deleted since deceased) & Ors.

….Applicants/Appellants

Versus

M/s. Stonehenge Construction Private Limited .…Respondent

HMK 2 15. CAF-3725-2013.doc

Mr. Piyush Shah a/w. Mr. Dishang Shah a/w. Mr. Kinjal Gogri for AppellantSociety.

V. A. Thorat, Senior Advocate i/by Mr. Sandeep Sharma for Appellant No.1(a) to 1(h) in First Appeal No. 1361/2013.

Mr. Simil Purohit, Senior Counsel, a/w. Mr. Chirag Kamdar, a/w. Mr. Suraj Juneja for Respondent No.1.

Ms. Pallavi Khale a/w. Mr. Pradeep Patil i/by Ms. Komal Punjabi for Respondent No.2-MCGM.

Mr. D. J. Haldankar, AGP Present.

CORAM : JITENDRA JAIN, J. DATED : 12^th NOVEMBER 2025

P. C. :

This Application was originally filed by applicant no.1 Mr. Ghisulal Rathod and applicant no.2 Paramratan Co-operative Housing Society Limited. Thereafter, applicant no.1 was deleted pursuant to order dated 10^th October, 2022. The original appellant/applicant was deleted on account of his death. Thereafter, legal heirs of appellant no.1 were brought on record vide order dated 10 October 2022. The said action of bringing legal heirs on record was challenged in Interim Application No.166 of 2023 and this Court on 7 February 2023 deleted the addition of legal heirs since original appellant no.1 had filed the appeal in his capacity as a secretary of the society and not in his individual personal capacity. Therefore, the present Civil Application No.3725 of 2013 now stands qua Paramratan Co-operative Housing Society alone. The said Civil Application is filed against Stonehenge Construction Private Limited, Municipal Corporation of Greater Mumbai and the State of Maharashtra.

HMK 3 15. CAF-3725-2013.doc

Mr. Shah appearing for the appellant-society and Mr. Purohit, learned senior counsel appearing for respondent no.1 tenders consent terms dated 15^th September, 2025 in the present Civil Application. The advocates have identified the parties signing the consent terms.

The Civil Application No. 3725 of 2013 is disposed of in terms of consent terms tendered today which are taken on record and same forms a part of the present order. Undertaking given in the consent terms to be treated as undertaking to the Court.

It is made clear that the consent terms taken on record in Civil Application No.3725 of 2013 in First Appeal No.1362 of 2013 would not preclude the appellant in First Appeal No. 1361 of 2013 to plead his case, which is pending before this Court and all contentions of the appellant in First Appeal No. 1361 of 2013 are kept open, including the interim relief granted in the said First Appeal No. 1361 of 2013.

In view of above, Civil Application No. 3725 of 2013 is disposed of.

Mr. Purohit, learned senior counsel for respondent no.1 and Mr. Shah for appellant-society states that interim relief, if any, granted in First Appeal No. 1362 of 2013 stands merged into the consent terms.

Any order passed today in the present Civil Application will not amount to adjudication of any Civil Application, Interim Application or the First Appeal in First Appeal No. 1361 of 2013.

List the other matters on 08^th December, 2025.