Sanghvi Vo-Operative Housing Society Ltd. vs Bai Banabai Mukundrao Dadarkar @ Benabai Mukundrao Dadarkar through Legal Heir 1(A) to 1(E) — Bombay HC (2025) — LawSathi Research

Sanghvi Vo-Operative Housing Society Ltd. vs Bai Banabai Mukundrao Dadarkar @ Benabai Mukundrao Dadarkar through Legal Heir 1(A) to 1(E) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of in terms of the Consent Terms (executed 28th July 2025, marked 'X'); undertakings therein accepted as undertakings to the Court; Respondent Nos.1 to 7 noted as not bound by the Consent Terms; court fees to be refunded in accordance with the Rules; Registry directed to ensure the hard copy of the signed Consent Terms is permanently retained on file and not sent for destruction in the ordinary course; all concerned to act on an authenticated copy of the Order.

Issue for consideration

Whether the Consent Terms tendered by the parties could be taken on record as valid, lawful and voluntary, so as to dispose of the writ petition in terms thereof.

Court's answer

The Court was satisfied that the Consent Terms were in order, not contrary to law, and had been drawn by the parties of their own volition in reflection of their true intentions.

Ratio / Principle

Undertakings, if any, contained in the Consent Terms were accepted as undertaking to the Court.

Key takeaways

It was noted that Respondent Nos.1 to 7 are not bound by the Consent Terms.¶26

Detailed headnote1 paragraphs

Bombay High Court, O.O.C.J. (Kamal Khata, J.) — Sanghvi Co-operative Housing Society Ltd. v. Bai Banabai Mukundrao Dadarkar alias Smt. Benabai Mukundrao Dadarkar & Ors., WRIT PETITION NO.1912 OF 2024, decided 28th July 2025. Executed Consent Terms dated 28th July 2025 tendered by the Learned Advocates were taken on record and marked 'X'; parties present, identified and confirmed acceptance of their own free will. The Court recorded satisfaction that the Consent Terms were in order, not contrary to law and drawn of the parties' own volition; undertakings therein were accepted as undertakings to the Court. It was noted that Respondent Nos.1 to 7 are not bound by the Consent Terms. Court fees to be refunded in accordance with the Rules; Registry directed to permanently retain the hard copy of the signed Consent Terms on file, not to be sent for destruction in the ordinary course. Petition disposed of in terms of the Consent Terms; all concerned to act on an authenticated copy of the Order.

32-OSWP-1912-2024.DOC

sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO.1912 OF 2024

Sanghvi Co-operative Housing Society Ltd. … Petitioner v/s.

Bai Banabai Mukundrao Dadarkar alias

Smt. Benabai Mukundrao Dadarkar & Ors. … Respondents

Mr. Gauraj Shah a/w. Adv. Mahesh Chitnis i/by M/s. Chitnis & Co. for the Petitioner.

Ms. Jyoti Pardeshi i/by Wadia Ghandy & Co. for Respondent No.6.

Mr. Mehal Vora a/w. Adv. Madhu Rani, Adv. Naresh Pai i/by One Point Legal Solution for Respondent No.8.

Mr. Manish Upadhye for Respondent No.15-State.

CORAM : Kamal Khata, J. DATED : 28^th July 2025.

P.C.:-

Learned Advocates tender executed Consent Terms

dated 28^th July 2025. The Consent Terms are taken on record and marked ‘X’ for identification with today’s date.

The parties are present in Court, they have been identified and their signatures on the Consent Terms are identified by their respective Advocates. Parties state that

Digitally signed by SUMEDH SUMEDH NAMDEO NAMDEO SONAWANE SONAWANE Date: 2025.07.30 10:14:58 +0530

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32-OSWP-1912-2024.DOC

they have read, understood and accepted the terms on their own free will, without any coercion and undue influence.

I am satisfied that the Consent Terms are in order, not contrary to law and have been drawn by the parties of their own volition in reflection of their true intentions.

The undertakings, if any, in the Consent Terms being accepted as undertaking to the Court.

Court fees are to be refunded in accordance with the Rules.

The Registry is directed to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course.

It is noted that Respondent Nos.1 to 7 are not bound by this Consent Terms.

The Petition is accordingly disposed of in terms of Consent Terms.

All concerned to act on an authenticated copy of this Order.

(Kamal Khata, J.)

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