Jitesh Jivaji Kamat Vs Venkatesh Prabhu Moni — Bombay HC (2025) — LawSathi Research

Jitesh Jivaji Kamat Vs Venkatesh Prabhu Moni — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ Petition No.357 of 2024 disposed of in view of Consent Terms dated 19.09.2025; undertakings in the Petitioner's affidavit-cum-undertaking accepted as statements to the Court with compliance by 20.01.2026; Registry to waive office objections and register the matter, and to issue urgent certified copies of the documents; Registry to confirm and transfer the balance deposit (calculated at Rs.46,83,112/-) with accrued interest to the Petitioner's HDFC Bank, Panaji account; Principal District Judge requested to endeavour early disposal of Execution Proceedings No.283 of 2022; connected MCAs disposed of except MCA No.1024/25 (F), listed on 08.10.2025.

Ratio / Principle

The various undertakings given by the Petitioner in the affidavit-cum-undertaking dated 19.09.2025 (remedial measures per GEC reports; permanent resolution of basement water logging at Prabhu Chambers, Mapusa) are accepted as statements to the Court.

Key takeaways

The accepted undertakings shall be complied with within the timeline specified in paragraph 13 of the affidavit-cum-undertaking, i.e. a maximum of 4 months from the date of the order, i.e. by 20.01.2026.ratio¶3
Registry directed to confirm the balance lying with it (per calculation sheet marked 'A', Rs.46,83,112/-) out of the original Rs.65,00,000/- deposit, and on confirmation release it by transferring the balance with accrued interest to the Petitioner's HDFC Bank, Panaji account (A/c No. 50100243276200, holder Venkatesh N Prabhu Moni).ratio¶7
The Principal District Judge is requested to endeavour disposal of Execution Proceedings No.283 of 2022 as far as possible, the parties to file the certified copy of the documents and Consent Terms before it.

Detailed headnote1 paragraphs

[2025:BHC-GOA:1787] High Court of Bombay at Goa (Valmiki Menezes, J., 23.09.2025): Writ Petition No.357 of 2024 and the connected Miscellaneous Civil Applications (except MCA No.1024/25 (F)) disposed of in terms of Consent Terms dated 19.09.2025 signed by the Petitioner (Venkatesh Prabhu Moni) and Respondent Nos.1 to 36 in pursuance of the Court's order of the same date. The Petitioner's affidavit-cum-undertaking dated 19.09.2025 - undertaking to carry out all remedial measures suggested by Goa Engineering College (G.E.C.) and to permanently resolve the water logging issue in the basement of building Prabhu Chambers, Mapusa, Goa using good quality material - was accepted as statements to the Court, compliance to be within a maximum of 4 months, i.e. by 20.01.2026. The parties are to file the Consent Terms before the Principal District Judge in Execution Application No.283 of 2022 (with certified copies and the affidavit-cum-undertaking) to seek disposal of that execution proceedings, and the Principal District Judge was requested to endeavour its early disposal; urgent certified copies were ordered. Registry was directed to confirm and transfer the balance of the original Rs.65,00,000/- deposit (Rs.40,00,000/- on 21.10.2024 and Rs.25,00,000/- on 30.09.2024), computed at Rs.46,83,112/- per calculation sheet marked 'A', with accrued interest, to the Petitioner's HDFC Bank, Panaji account (No. 50100243276200, holder Venkatesh N Prabhu Moni). MCA No.1024/25 (F) was listed for 08.10.2025. No statutory provisions or precedent authorities were cited; the matter was settled wholly by consent.

49 MCA-245-2025.doc

2025:BHC-GOA:1787

Meena

IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO.245 OF 2025

WITH

WRIT PETITION NO.357 OF 2024, MISC.CIVIL APPLICATION NO.321 OF 2024, MISC.CIVIL APPLICATION NO.243 OF 2025

MISC.CIVIL APPLICATION NO.245 OF 2025 IN

WRIT PETITION NO.357 OF 2024 VENKATESH PRABHU MONI ... APPLICANT Versus

KISHORE UTTAM BHAIDKAR AND 43 ORS.,

... RESPONDENT

WITH

WRIT PETITION NO.357 OF 2024

VENKATESH PRABHU MONI ... PETITIONER Versus

KISHORE UTTAM BHAIDKAR AND 43 ORS.

... RESPONDENTS

WITH

MISC.CIVIL APPLICATION NO.321 OF 2024

IN

WRIT PETITION NO.357 OF 2024

JITESH JIVAJI KAMAT ... APPLICANT Versus M/S. PRABHU CONSTRUCTIONS, REP. BY ITS PROPRIETOR, VENKATESH PRABHU MONI. ... RESPONDENT

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49 MCA-245-2025.doc

WITH MISC.CIVIL APPLICATION NO.243 OF 2025 IN MISC.CIVIL APPLICATION NO.245 OF 2025

VENKATESH NARAYAN PRABHU MONI ... APPLICANT Versus KISHORE UTTAM BHAIDKAR AND 43 ORS. ... RESPONDENTS

Mr. Tarun Rebello, Advocate for the Petitioner in WP No.357 of 2024, for the Applicant in MCA No. 245 of 2025 and for the Respondent in MCA No. 321 of 2024 and MCA No.1024 of 2024 (F).

Mr. Neelesh Takkekar, Advocate for the Applicants in MCA No. 321 of 2024 and MCA No. 1024 of 2024 (F) and for the Respondents in MCA No. 245 of 2025 and WP No. 357 of 2024.

CORAM:- VALMIKI MENEZES, J. DATED :- 23rd September, 2025

P.C.:

Registry to waive the oice objections and register the matter.

In accordance with this Court’s order dated 19.09.2025, the Petitioner and Respondent Nos. 1 to 36 have signed the Consent Terms dated 19.09.2025.

According to the Consent Terms, the Petitioner, Shri Venkatesh Prabhu Moni has executed Aidavit-cum-undertaking

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49 MCA-245-2025.doc

dated 19.09.2025, which was taken on record on the same date. According to the undertaking, the Petitioner has agreed to carry out all remedial measures suggested by the Goa Engineering College (G.E.C.) in terms of its various reports referred to in paragraph 5 of the aidavit-cum-undertaking. he Petitioner has further undertaken to ensure that the water logging issue in the basement is permanently resolved by using good quality material, and to implement the work of the expert so as to completely resolve the water logging issue in building Prabhu Chambers, at Mapusa, Goa. Further undertakings with regard to the same issue are also given in paragraph Nos. 10 and 11 of the aidavit-cum-undertaking, apart from this undertaking, various other undertakings are given in paragraph Nos.12 and 13 of the aidavit-cum-undertaking. All these undertakings are accepted as statement to this Court and shall be complied with in terms of the timeline speciied in paragraph 13 of the undertaking i.e. within a maximum of 4 months from the date of passing of this order i.e. by 20.01.2026.

According to the terms signed by the parties, they have also placed on record a draft of the Consent Terms, which are to be iled before the Principal District Judge in execution application No.283 of 2022, which settles the disputes which are the subject matter of that execution proceedings. he parties state that they will ile the said Consent Terms before the Principal District Court within two

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49 MCA-245-2025.doc

weeks from today along with a certiied copy of the Consent Terms dated 19.09.2025 along with the aidavit-cum-undertaking iled before this Court, to seek disposal of the execution proceedings.

Registry to issue an urgent certiied copy of the aforesaid documents to enable the speedy disposal of the execution proceedings.

he Principal District Judge is requested to endeavour the disposal of the execution proceedings bearing No.283 of 2022 as far as possible, the parties to ile the certiied copy of the aforementioned documents and the Consent Terms before it. his petition stands disposed of in view of the Consent Terms arrived at by the parties. he Registry, in terms of the Consent Terms is now directed to transfer the balance amount lying with it, from the original amount of Rs.65,00,000/- (Rs.40,00,000/- deposited on 21.10.2024 and Rs.25,00,000/- deposited on 30.09.2024) deposited vide order dated 21.10.2024 in the Account of the Petitioner, details of which are given below:

Bank Name: HDFC Bank Branch : Panaji Saving Bank Account No.: 50100243276200 Account holder: Venkatesh N Prabhu Moni

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49 MCA-245-2025.doc

According to the calculation sheet, which is taken on record and marked “A” for identiication, the balance lying with the Registry would be Rs.46,83,112/-. Registry to conirm the same and on conirmation release this amount by transferring the balance amount with accrued interest in the account of the Petitioner given above. he MCAs pending in this WP except MCA No.1024/25 (F) are disposed of in view of the Consent Terms iled today.

MCA No.1024/25 (F) shall be placed on order board on 08.10.2025.

VALMIKI MENEZES, J.

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Signed by: MEENA VISHAL BHOIR Designation: Private Secretary Date: 23/09/2025 18:23:16