Swarna N Mehra (Deleted Since Deceased) and 2 Ors. vs Jade Construction Pvt. Ltd. — Bombay HC (2026) — LawSathi Research

Swarna N Mehra (Deleted Since Deceased) and 2 Ors. vs Jade Construction Pvt. Ltd. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Order and decree in terms of the Consent Terms dated 4th March, 2026 read with the Supplementary Consent Terms dated 7th April, 2026; Suit (L) No. 29345 of 2023 disposed of in the same terms; undertakings in the Supplementary Consent Terms accepted as undertakings to the Court; Society directed to accept the revised PAAAs, which override the Development Agreement provisions referencing Flat Nos. 901, 1001 and 1101, those flats standing transferred to the Developers' Entitlement; Appellant to provide documents required for registration of the PAAAs.

Issue for consideration

Whether the Supplementary Consent Terms dated 7th April 2026 — containing by-consent modifications/substitutions to the Consent Terms dated 4th March 2026 — should be taken on record and acted upon. +2 more

Court's answer

The Supplementary Consent Terms dated 7th April, 2026 are taken on record and marked 'X' for identification.

Ratio / Principle

Any undertakings given in the Supplementary Consent Terms are accepted as undertakings given to the Court.

Key takeaways

There shall now be an order and decree in terms of the Consent Terms dated 4th March, 2026 read with the Supplementary Consent Terms dated 7th April, 2026.ratio¶40
The Suit, namely Suit (L) No. 29345 of 2023, is disposed of in terms of the Consent Terms read with the Supplementary Consent Terms.ratio¶40
Mr. Aditya Mirchandani, Director of the Appellant-Company, was authorised by the Board Resolution dated 20th October, 2023 to sign the Supplementary Consent Terms and signed them on the Company's behalf, stating he had done so after reading and understanding the same and their implications.

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Ordinary Original Civil Jurisdiction) — per curiam order of B. P. Colabawalla and Firdosh P. Pooniwalla, JJ., dated 8 April 2026, in cross-Appeals No. 37 of 2024 (Jade Construction Pvt. Ltd. v. Swarna N Mehra (deceased/deleted), Krishan K. Mehra & Ors.) and No. 108 of 2025, with Interim Application (L) No. 29757 of 2023 and Interim Application No. 459 of 2024. Both appeals had been disposed of by Order dated 4th March, 2026 under Consent Terms of even date, the pending Suit (L) No. 29345 of 2023 also having been disposed of therewith. On difficulties arising under clause 4 of the Consent Terms, the parties by consent filed Supplementary Consent Terms dated 7th April, 2026 with drafts of revised PAAAs: Respondent Nos. 2 and 3 (Krishan K. Mehra and his wife) to be allotted Flat Nos. 1701, 1801 and 1901 (12th–14th habitable floors), simultaneously relinquishing Flat Nos. 901, 1001 and 1101 (5th–7th habitable floors) in Mirchandani Triton, Ganga Jamuna Cooperative Housing Society, in favour of the Appellant. Execution was verified: Director Aditya Mirchandani under Board Resolution dated 20th October, 2023; Krishan K. Mehra for himself and as constituted attorney of Respondent No.3 (power of attorney annexed); Respondent No.1 Swarna N Mehra (mother of Krishan) expired 16th March 2024 and stood deleted. The Supplementary Consent Terms were taken on record (marked 'X'), undertakings accepted, and an order and decree passed in terms of the Consent Terms read with the Supplementary Consent Terms, the Suit likewise disposed. The Court found no substantial change affecting the Society's rights (its Special General Body Resolution dated 12th March, 2026 had approved the original terms); the Society, as confirming party and executant, was directed to accept the revised PAAAs, which override the Development Agreement provisions referencing the old flats — those flats standing transferred to the Developers' Entitlement; the Appellant is to supply documents needed for PAAA registration; concerned parties may act on fax/email copies of the digitally signed order.

sr.1-app-37-2024.doc

TRUSHA TUSHAR MOHITE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

Digitally signed by TRUSHA TUSHAR MOHITE Date: 2026.04.15 17:29:39 +0530

APPEAL NO. 37 OF 2024

Jade Construction Pvt. Ltd. .. Appellant

Versus Swarna N Mehra (deleted since deceased) Krishan K. Mehra & Ors. .. Respondents WITH APPEAL NO. 108 OF 2025 Swarna N Mehra (deleted since deceased) Krishan K. Mehra & Ors. .. Appellant Versus Jade Construction Pvt. Ltd. .. Respondents

IN

INTERIM APPLICATION (L) NO. 29757 OF 2023

WITH

INTERIM APPLICATION NO. 459 OF 2024

IN

APPEAL NO. 37 OF 2024

Jade Construction Pvt. Ltd. .. Applicant

Versus

Swarna N Mehra (deleted since deceased) Krishan K. Mehra & Ors. .. Respondents

Page 1 of 6 APRIL 8, 2026

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Mr. Girish Godbole, Senior Advocate a/w Adv. Anagh Pradhan, i/b Divya Shah Associates, for the Appellant in APP/37/2024 and for Respondents in APP/108/2025

Mr. Cyrus Ardeshir, Senior Advocate a/w Adv. Megha Gupta a/w Adv. Lavanita Chityala i/b Hedgehog & Fox LLP, for the Appellant in APP/108/2025 for Respondents in APP/37/2024.

Mr. Aditya Mirchandani, Director of Jade Construction Pvt. Ltd., present in Court.

Adv. Krishan Kishore Mehra (thr. V.C.), Respondent No.2 & Power of Attorney of Respondent No.3 in APP/37/2024 & Appellant No.2 & Power of Attorney of Appellant No.3 in APP/108/2025.

CORAM: B. P. COLABAWALLA &

FIRDOSH P. POONIWALLA, JJ. DATE: APRIL 8, 2026

P. C.

Both the above Appeals were filed challenging the Order passed by the Learned Single Judge dated 10^th November, 2023. Both these Appeals were disposed of by an Order dated 4^th March, 2026 as the parties had settled their disputes as recorded in the Consent Terms dated 4^th March, 2026. In fact, the Suit pending before the Learned Single Judge was also disposed of in terms of these Consent Terms.

After the Consent Terms dated 4^th March, 2026 were taken on record, the parties encountered certain difficulties in complying with the requirements under clause 4 of the Consent Terms. It is for this reason that

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the Appellant (Jade Construction Pvt. Ltd) and the Respondents (Krishan K. Mehra & Anr.), have by consent now arrived at certain modifications/substitutions to the Consent Terms dated 4^th March, 2026, and which are filed before this Court as Supplementary Consent Terms dated 7^th April 2026.

The Supplementary Consent Terms have been signed by Mr. Aditya Mirchandani, a Director of the Appellant-Company, who is authorized to sign the Supplementary Consent Terms as per the Board Resolution dated 20^th October, 2023. The said Board Resolution is also annexed to the Supplementary Consent Terms. Mr. Aditya Mirchandani is also present in Court today. He has stated before the Court that he has signed the Supplementary Consent Terms on behalf of the Appellant-Company after reading and understanding the same as well as the implications thereof.

The Supplementary Consent Terms are also signed by Mr. Krishan K. Mehra, for himself (Respondent No.2), as well as the constituted attorney of Respondent No.3. Respondent No. 3 is the wife of Respondent No.2. Mr. Krishan K. Mehra appeared before the Court through Video Conferencing and has stated that he has signed the Supplementary Consent Terms for himself as well as for Respondent No.3, after reading and

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understanding the same as well as the implications thereof. The power of attorney executed by Respondent No.3 in favour of Respondent No.2 is also annexed to the Supplementary Consent Terms. As far as Respondent No.1 is concerned, she is the mother of Krishan K. Mehra who expired on 16^th March 2024 and has thereafter been deleted in the proceedings.

The Supplementary Consent Terms have also been signed by the Advocates for the Appellant as well as the Advocates for the Respondents.

Considering these circumstances, the Supplementary Consent Terms dated 7^th April, 2026 are taken on record and marked ‘X’ for identification. Any undertakings given in the Supplementary Consent Terms are accepted as undertaking given to the Court. There shall now be an order and decree in terms of the Consent Terms dated 4^th March, 2026 read with the Supplementary Consent Terms dated 7^th April, 2026. The above Suit, namely Suit (L) No. 29345 of 2023, is also disposed of in terms of the aforesaid Consent Terms read with the Supplementary Consent Terms.

Before we conclude, we note that the parties have annexed the drafts of the revised PAAAs to the Supplementary Consent Terms dated 7^th April, 2026 recording the understanding arrived at between the parties for

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allotment of Flat Nos. 1701, 1801 and 1901 (on the 12^th , 13^th and 14^th habitable floors) in favour of Respondent Nos. 2 and 3 respectively, and the simultaneous relinquishment of the rights of Respondent Nos. 2 and 3 in the previously allotted Flat Nos. 901, 1001 and 1101 (on the 5^th , 6^th and 7^th habitable floors) in favour of Appellant herein, in the building known as Mirchandani Triton in Ganga Jamuna Cooperative Housing Society ( Society ). The draft of the PAAAs annexed to the Supplementary Consent Terms have also been signed by Mr. Mirchandani on behalf of the Appellant, and by Mr. Krishan Kishore Mehra, for himself, as well as on behalf of his wife (Respondent No.3), as her constitute attorney. The Society has already passed a Special General Body Resolution dated 12^th March, 2026 in the Special General Body Meeting held on 12^th March, 2026 approving the original Consent Terms dated 4^th March, 2026 and the PAAAs annexed thereto. By the present Order, the Supplementary Consent Terms dated 7^th April, 2026 and the draft of the revised PAAAs annexed thereto are being accepted. The Supplementary Consent Terms dated 7^th April, 2026 and the revised PAAAs annexed thereto do not provide for any substantial change which will affect any rights of the Society. The Society is a confirming party and an executant to these revised PAAAs. It is accordingly directed that the Society shall accept the terms of the revised PAAAs annexed to the Supplementary Consent Terms dated 7^th April, 2026 and the revised PAAAs

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shall override the relevant provisions of the Development Agreements (including the supplementary agreements and addendums, if any) entered into by and between the Society and the Appellant herein, wherein the reference to Flat Nos. 901, 1001 and 1101 is reflected to be the allotment of the Respondents respectively, and these flats shall now stand transferred to and form part of the Developers' Entitlement under the Development Agreements (including the supplementary agreements and addendums, if any). We order accordingly.

We further note that it is agreed that the Appellant shall provide the documents which are available with the Appellant as may be required in the process of registration of the PAAAs between the parties annexed to the Supplementary Consent Terms dated 7^th April, 2026.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

[FIRDOSH P. POONIWALLA, J.]

[B. P. COLABAWALLA, J.]

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