Venkatesh Prabhu Moni Vs Kishore Uttam Bhaidkar and 43 Ors. — Bombay HC (2025) — LawSathi Research

Venkatesh Prabhu Moni Vs Kishore Uttam Bhaidkar and 43 Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition and connected MCAs (except MCA No. 1024/24 (F)) disposed of in view of Consent Terms dated 19.09.2025; Petitioner's undertakings (G.E.C.-suggested remedial measures; permanent resolution of basement water-logging at Prabhu Chambers, Mapusa) accepted, with compliance mandated by 20.01.2026; parties to file Consent Terms before the Principal District Court to seek disposal of execution proceedings No. 283 of 2022; Registry directed to confirm and transfer the balance of Rs. 46,83,112/- with accrued interest to the Petitioner's account (HDFC Bank, Panaji branch; Savings Bank A/c No. 50100243276200; holder: Venkatesh N Prabhu Moni).

Issue for consideration

Whether Writ Petition No. 357 of 2024 and the connected Misc. Civil Applications could stand disposed of in view of the Consent Terms dated 19.09.2025, with the Petitioner bound by undertakings to carry out the G.E.C.-suggested remedial measures and to permanently resolve the basement water-logging at Prabhu Chambers, Mapusa.

Court's answer

All the undertakings contained in the Petitioner's affidavit-cum-undertaking dated 19.09.2025 are accepted as statements to the Court.

Ratio / Principle

The accepted undertakings shall be complied with in terms of the timeline specified in paragraph 13 of the undertaking, i.e., within a maximum of 4 months from the date of passing of the order, i.e., by 20.01.2026.

Key takeaways

The parties are to file the said Consent Terms dated 19.09.2025, along with a certified copy thereof and of the affidavit-cum-undertaking filed before this Court, before the Principal District Court within two weeks from the date of the order, to seek disposal of the execution proceedings.ratio¶4
The Registry is to issue an urgent certified copy of the aforesaid documents to enable the speedy disposal of the execution proceedings.ratio¶5
The Principal District Judge is requested to endeavour the disposal of the execution proceedings bearing No. 283 of 2022 as far as possible.

Detailed headnote1 paragraphs

High Court of Bombay at Goa (Valmiki Menezes, J.), 23.09.2025: In Writ Petition No. 357 of 2024 (Venkatesh Prabhu Moni v. Kishore Uttam Bhaidkar & 43 Ors.) and connected Misc. Civil Applications Nos. 245/2025, 321/2024 and 243/2025, the Court disposed of the petition and the pending applications in view of Consent Terms dated 19.09.2025 signed by the Petitioner and Respondent Nos. 1 to 36. The Petitioner's affidavit-cum-undertaking dated 19.09.2025 - agreeing to carry out all remedial measures suggested by the Goa Engineering College (G.E.C.) and to permanently resolve the water-logging issue in the basement of building Prabhu Chambers, Mapusa, Goa (with further undertakings in paragraphs 10-13 of the undertaking) - was accepted as statements to the Court, compliance being mandated per the timeline in paragraph 13, within a maximum of 4 months, i.e., by 20.01.2026. The parties are to file the Consent Terms, with certified copies of the documents, before the Principal District Court within two weeks to seek disposal of execution proceedings No. 283 of 2022, and the Principal District Judge was requested to endeavour that disposal; urgent certified copies were directed to be issued by the Registry. The Registry is to confirm and transfer the balance of Rs. 46,83,112/- (out of an original deposit of Rs. 65,00,000/-, comprising Rs. 40,00,000/- deposited on 21.10.2024 and Rs. 25,00,000/- deposited on 30.09.2024), with accrued interest, to the Petitioner's account (HDFC Bank, Panaji branch; Savings Bank A/c No. 50100243276200; holder Venkatesh N Prabhu Moni). MCA No. 1024/24 (F) alone was not disposed of and was placed on the order board for 08.10.2025. No statutory provisions or precedents were cited in the order.

49 MCA-245-2025.doc

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

... APPLICANT

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 Versus

... APPLICANT

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

... 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.1024/24 (F) are disposed of in view of the Consent Terms iled today.

MCA No.1024/24 (F) shall be placed on order board on 08.10.2025.

VALMIKI MENEZES, J.

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