Disposed¶46

M J Shah Enterprise v. Ms Supreme Construction

Bombay HC30 Sept 2025IA/2901/2025

Case brief

AI extract

What is this about?

Consent-based disposal of a Bombay High Court commercial suit: M J Shah Enterprise v. Supreme Constructions; Consent Terms dated 03.11.2025 marked X-2 recorded as undertakings to the Court; Defendant No.4 Sri Govind Premises LLP (purchaser, already in possession) did not sign; Commercial Suit 54/2025 and Interim Application 2901/2025 disposed; liberty to apply; Coram Milind N. Jadhav; decided 03-11-2025.

What did the court decide?

Order passed in terms of Consent Terms dated 03.11.2025 (rights and obligations therein recorded as undertakings to the Court); Commercial Suit No.54 of 2025 disposed and pending Interim Application No.2901 of 2025 also disposed; liberty to apply. ¶46

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Commercial Suit and the pending Interim Application No.2901 of 2025 should be disposed of in terms of the Consent Terms dated 03.11.2025 executed between the parties.

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Court's answer

Consent Terms dated 03.11.2025 are taken on record and marked as 'X-2' for identification.

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Ratio / Principle

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

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Key takeaways

An order is passed in terms of the Consent Terms; accordingly the Commercial Suit is disposed and the pending Interim Application is also disposed.ratio¶46
Non-signature of the Consent Terms by Defendant No.4 (Sri Govind Premises LLP) causes no grievance, as all parties are ad-idem that Defendant No.4 has already been put in possession of the subject suit premises.ratio¶40

Detailed headnote1 paragraphs

Bombay High Court (Original Side), Commercial Suit No.54 of 2025 — M/s. M J Shah Enterprise v. M/s. Supreme Constructions and Ors. (Milind N. Jadhav, J.; 03.11.2025): the parties reconciled their disputes and filed Consent Terms dated 03.11.2025 (13 pages, marked 'X-2'), executed by the Plaintiff, Defendant Nos.1–3 and the Advocates for the Plaintiff, Defendant Nos.1–3 and Defendant No.4. Defendant No.4 (Sri Govind Premises LLP), purchaser of the suit property, did not sign, but all parties were ad-idem that it had already been put in possession of the suit premises. The Court took the rights and obligations under the Consent Terms as undertakings to the Court, ordered in terms of the Consent Terms, disposed of the Commercial Suit and the pending Interim Application No.2901 of 2025, and granted liberty to apply.

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4.COMS.54.2025.doc

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HARSHADA H. SAWANT (P.A.)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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

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COMMERCIAL SUIT NO.54 OF 2025

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

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

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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.

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

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

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

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P.C.:

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1. Heard learned Advocates for respective parties.

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2. Parties have reconciled their disputes and differences and

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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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1 of 13

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2 of 13

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6 of 13

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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.

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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.

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

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12 of 13

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4.COMS.54.2025.doc

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

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6. Order in terms of Consent Terms.

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