Disposed¶46

M J Shah Enterprise v. Ms Supreme Construction

Bombay HC23 Sept 2025IA/3351/2025

Case brief

AI extract

What is this about?

Consent-terms disposal of Commercial Suit No.69 of 2025 (M/s. M J Shah Enterprise v. M/s. Supreme Constructions and Ors.) and Interim Application No.3351 of 2025; Bombay High Court, OOCJ; Milind N. Jadhav, J.; decided 03.11.2025; Consent Terms dated 03.11.2025 marked X-3; rights and obligations treated as undertakings to the Court; Defendant No.5 ESDEE Paints Limited (purchaser of suit property, in possession) not a signatory; suit and interim application both disposed; liberty to apply.

What did the court decide?

Commercial Suit No.69 of 2025 disposed of in terms of the Consent Terms dated 03.11.2025 (marked 'X-3'); pending Interim Application No.3351 of 2025 also disposed; liberty to apply reserved. ¶46

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

What the court decided

AI extract

Outcome

Commercial Suit No.69 of 2025 disposed of in terms of the Consent Terms dated 03.11.2025 (marked 'X-3'); pending Interim Application No.3351 of 2025 also disposed; liberty to apply reserved.

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Ratio / Principle

Consent Terms dated 03.11.2025 are taken on record and marked as 'X-3' for identification.

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Key takeaways

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.ratio¶44
Defendant No.5 (ESDEE Paints Limited), purchaser of the subject suit property, has not signed the Consent Terms; however, all parties are ad-idem that it is already in possession of the subject suit premises and have no grievance if it does not sign, and Plaintiff and Defendant Nos.1 to 4 do not dispute its possession.ratio¶42
Order passed in terms of the Consent Terms.

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Ordinary Original Civil Jurisdiction (Milind N. Jadhav, J.), 03.11.2025 — Commercial Suit No.69 of 2025, M/s. M J Shah Enterprise v. M/s. Supreme Constructions and Ors., with Interim Application No.3351 of 2025: having reconciled their disputes, the parties filed Consent Terms dated 03.11.2025 (13 pages), taken on record and marked 'X-3', executed by the Plaintiff and Defendant Nos.1 to 4 with their Advocates, who were identified by their respective Advocates. The rights and obligations in the Consent Terms were accepted as undertakings given to the Court and the parties directed to abide by them. Defendant No.5, ESDEE Paints Limited, purchaser of the subject suit property, did not sign the Consent Terms, but all parties were ad-idem that it had already been put in possession of the suit premises and raised no grievance; its possession was not disputed by Plaintiff and Defendant Nos.1 to 4. Order was passed in terms of the Consent Terms; the Commercial Suit was disposed and the pending Interim Application likewise disposed, with liberty to apply.

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4.COMS.69.2025.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.69 OF 2025 WITH INTERIM APPLICATION NO.3351 OF 2025 IN

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COMMERCIAL SUIT NO.69 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 Nos.3 and 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-3 ’ 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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11 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 Defendant No.4; Advocate for Defendant No.4.

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12 of 13

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Parties have been identified by their respective Advocates.

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4. Defendant No.5 namely ESDEE Paints Limited has not signed the Consent Terms who is the purchaser of the subject suit property has not signed the Consent Terms. However all parties are ad-idem that it has already been put in possession of the subject suit premises and therefore they have no grievance if Defendant No.5 does not sign the Consent Terms. Parties representing Plaintiff and Defendant Nos.1 to 4 do not dispute possession of Defendant No.5 in Commercial Suit No.69 of 2025.

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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.

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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

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view of disposal of Commercial Suit, pending Interim Application is also disposed.

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8. Liberty to apply.