Venkatesh Prabhu Moni Vs Kishore Uttam Bhaidkar and 43 Ors.

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).

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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.

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

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P.C.:

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Registry to waive the oice objections and register the matter.

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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.

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

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Page 2 of 5

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49 MCA-245-2025.doc

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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.

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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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Page 3 of 5

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49 MCA-245-2025.doc

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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.

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

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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:

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

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Page 4 of 5

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49 MCA-245-2025.doc

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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.

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

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VALMIKI MENEZES, J.

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Page 5 of 5

Venkatesh Prabhu Moni v. Kishore Uttam Bhaidkar and 43 Ors.

Case brief

What is this about?

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Venkatesh Prabhu Moni v. Kishore Uttam Bhaidkar and 43 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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