Bombay High Court
RUNWAL CONSTRUCTIONS RUNWAL and OMKAR ESQUAREversusMRS. NEHA ARVIND NADKARNI AND ANR.
- Decided
- Disposal
- Disposed Off
- Bench
- MADHAV JAMDAR
Holding
The court approved the Consent Terms, permitted the amendment of the appellant’s name, set aside the Tribunal’s order, and disposed of the second appeal and related civil applications.
Summary
The parties to a real‑estate dispute involving Runwal Construction Private Limited and the Nadkarni respondents entered into a Consent Terms settlement, which was presented before the Bombay High Court. The Consent Terms provided for the execution of a sale agreement for Flat No. 2102, payment of the balance consideration, and the granting of possession, along with a full and final release of all claims. The court was asked to approve the settlement, amend the appellant’s name from Runwal Constructions to Runwal Construction Private Limited, and set aside the earlier order of the Maharashtra Real Estate Appellate Tribunal dated 1 November 2018. The court accepted the Consent Terms, allowed the name amendment, quashed the Tribunal’s order with respect to the appeal, and disposed of the second appeal and the related civil applications. No costs were awarded, and each party bore its own costs.
Issues considered
- The court’s jurisdiction to approve a consent settlement and to dispose of the appeal on that basis.
- Whether the appellant’s name may be amended pursuant to clause 9 of the Consent Terms.
- Whether the order of the Maharashtra Real Estate Appellate Tribunal dated 1 November 2018 can be set aside by consent.
- The effect of the Consent Terms on the pending civil applications.
Subjects
- settlement
- consent decree
- name amendment
- real estate dispute
- Maharashtra RERA
- appellate jurisdiction
- civil application disposal
Judgment
905-SA-252-2022.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.252 OF 2022
Runwal Constructions Runwal & Omkar Esquare …Appellants
Versus
Neha Arvind Nadkarni & Anr. …Respondents
WITH
CIVIL APPLICATION NO.1520 OF 2018
Runwal Constructions Runwal & Omkar Esquare …Appellants
Versus
Neha Arvind Nadkarni & Anr. …Respondents
WITH
CIVIL APPLICATION (ST) NO.36521 OF 2018
Runwal Constructions Runwal & Omkar Esquare …Appellants
Versus
Neha Arvind Nadkarni & Anr. …Respondents
Mr. Ditendra Mishra a/w. Mr. Abhishek Puranik and Mr. Ranjeet
Vaghani, for the Appellants.
Ms. Asmita Jaiswal, for the Respondents.
CORAM: MADHAV J. JAMDAR, J.
DATED : 17th FEBRUARY 2026
P. C.:
1. Mr. Mishra, learned Counsel appearing for the Appellants
and Ms. Jaiswal, learned Counsel appearing for the Respondents
Page 1
Sonali
905-SA-252-2022.DOC
submit that the parties have settled the dispute and tendered the
Consent Terms.
2. The Consent Terms are signed by the Authorized
Representative of -Runwal Construction Private Limited as also by
the Respondent No.1-Neha Nadkarni and the Respondent No.2-
Arvind Nadkarni as also by the respective Advocates. Respective
Advocates identify signatures of respective parties.
3. In view of the clause No.9 of the Consent Terms, the
Appellants are granted leave to amend the name of the Appellant
from Runwal Construction to Runwal Construction Private Limited.
4. Amendment be carried out forthwith. Re-verification is
dispensed with.
5. The resolution authorizing Ms. Sujata Rao, Director of the
Company who has inter alia signed on the Consent Terms is also
annexed as Annexure-A to the Consent Terms.
6. Ms. Sujata Rao, Director of the Runwal Construction Private
Limited who is personally present in Court submits that signature
Page 2
Sonali
905-SA-252-2022.DOC
on the Consent Terms is her signature and that Runwal
Construction Private Limited has settled the dispute with the
Respondents on the terms and conditions set out in the Consent
Terms.
7. The Respondent No.1-Ms. Neha Nadkarni and the
Respondent No.2-Arvind Nadkarni are personally present in Court.
Both of them submit that they have settled the dispute with the
Appellant -Runwal Construction Private Limited in terms of the
Consent Terms.
8. Accordingly, the said Consent Terms are taken on record and
marked ‘X’ for identification. The Consent Terms read as under:
“CONSENT TERMS
1) The Respondents had tentatively booked Flat
No. 2102 in Tower B-1, having an aggregate area of
995 Sq. Ft. (carpet) in the Appellant’s Runwal
Sanctuary Project having MahaRERA registration
no. P51800012621 (earlier known as Runwal
Infinity) (“said Project”) vide booking letter dated
14th January, 2006.
2) Certain disputes arose between the parties
Page 3
Sonali
905-SA-252-2022.DOC
causing the Respondents to file Complaint No.
CC006000000012537 against the Appellant seeking
reliefs specified therein. The complaint was
disposed off vide order dated 2nd April 2018
(“Complaint Order”) passed by the Maharashtra
Real Estate Regulatory Authority.
3) The Respondents challenged the Complaint
Order by filing Appeal No. ATOO6OOOOOO00O291
before the Maharashtra Real Estate Appellate
Tribunal and the same came to be decided vide
Order dated 1st November 2018 (“Tribunal’s
Order”).
4) Being aggrieved by the Tribunal’s Order, the
Appellant preferred the present Second Appeal on
the grounds more particularly specified therein, and
during pendency of the same, the parties have
agreed to fully and finally settle their inter se
disputes in the manner appearing hereinafter.
a. The Respondents agree to execute and register,
within 7 (Seven) days from the date hereof,
agreement for sale for Flat No. 2102, Tower 1
(earlier B1) of the said Project now admeasuring
768 square feet (“said Flat”), for a revised
agreement value of Rs.73,17,125/- (Rupees Seventy
Three Lac Seventeen Thousand One Hundred
Twenty Five Only) plus taxes and other charges as
per the agreement for sale.
Page 4
Sonali
905-SA-252-2022.DOC
b. The entire cost for execution and registration of
the agreement for sale, including payment of stamp
duty and registration charges, shall be borne and
paid by the Respondents.
c. Within 7 (seven) days of the present Consent
Terms, the Respondents undertake to pay all the
balance amounts towards consideration for the said
Flat, taxes and other charges as set out in the
agreement for sale (“Balance Payment”), which has
remained outstanding after adjustment of the sum
of Rs.20,28,063/- (Rupees Twenty Lac Twenty Eight
Thousand Sixty Three Only) which have already
been paid by the Respondents.
d. The Tower 1 of the said Project has received
occupation certificate on 20th February 2025.
Accordingly, within 15 days of receipt of the
Balance Payment, the Appellant shall offer
possession of the said Flat to the Respondents.
5) The terms and conditions (including the
representations) as stated in the agreement for sale
to be entered into by the parties hereto shall be
binding on the Appellant and the Respondents and
they undertake to comply and abide by the same.
6) In the event of any inconsistency between the
terms and conditions contained in the booking form
Page 5
Sonali
905-SA-252-2022.DOC
and / or the allotment letter, and the agreement for
sale, the terms and conditions of the agreement for
sale shall prevail.
7) The Respondents agree and confirm that on and
from the date of the present Consent Terms, all their
claims, grievances, disputes, objections, allegations,
insinuations, contentions, demands of any and
every nature against the Appellant, its
sister/group/connected concerns, its employees,
officers and the said Project stand fully and finally
settled and that they shall have no further claim of
any nature whatsoever in that regard.
8) The Respondents assure and undertake to this
Hon’ble Court that simultaneous with the execution
of the present Consent Terms: -
a. All their claims, disputes, demands, objections,
grievances, allegations, contentions, insinuations
etc. as against the said Project or against the
Appellant, its promoters, officers, employees and/or
connected entities stand fully and finally satisfied
and withdrawn unconditionally and they shall not
revive the same.
b. That on and from date of execution of the present
Consent Terms, all notices, correspondences, and
proceedings of any nature whatsoever filed by the
Respondents and/or anybody acting for them before
any other authority, entity, forum, court, tribunal
Page 6
Sonali
905-SA-252-2022.DOC
etc. stand unconditionally withdrawn and that they
shall file no notices, correspondences, and
proceedings etc. of any nature whatsoever in the
future against the Appellant, its connected entities,
officers, employees and the said Project.
c. That the terms hereof and the agreement for sale
shall also bind heirs, representatives, executors,
administrators, successors in title and assigns etc. of
the Respondents and the Appellant.
9) By consent of both parties, the name of the
Appellant be allowed to be amended to read as
Runwal Construction Private Limited in place of
Runwal Constructions in light of the conversion of
Runwal Constructions, a partnership firm into
Runwal Construction Private Limited, a private
limited company with effect from 6th July 2023.
10) The present Consent Terms have been executed
by the Respondents out of their own free will and
volition devoid of any duress, force and / or
influence after understanding all the terms and
conditions hereof.
11) Each Respondent signing the present Consent
Terms represents and warrants that he / she has
legal capacity to sign, execute and deliver this
document.
12) The present Consent Terms are signed by Ms.
Sujata Rao who is duly authorized by the Appellant
Page 7
Sonali
905-SA-252-2022.DOC
in that regards. A copy of the extract of the Board
Resolution dated 14th September 2025 is hereto
annexed as Annexure A.
13) Each party represents and warrants to the other
that the execution and enforcement of the present
Consent Terms and the performance of such party's
obligations and that the agreed terms are binding
on the party(s) (including its heirs, representatives,
executors, administrators and assigns) and
enforceable accordingly.
14) In the event that any party breaches any of
his/her/its obligations herein, these terms shall
become executable as a decree/order of this Hon’ble
Court, being the only remedy available to the
parties in case of such breach/es.
15) The captioned Second Appeal be disposed off
accordingly in terms hereof. The Tribunal’s Order be
set aside by consent in so far as the Respondents are
concerned. These terms shall not be treated as a
precedent for any other case.
16) Both the parties shall bear their own respective
costs. Undertakings made herein be kindly accepted
by this Hon’ble Court with liberty to apply.
9. Various statements made in the Consent Terms are accepted
as undertakings given to this Court.
Page 8
Sonali
905-SA-252-2022.DOC
10. In view of the Consent Terms, order dated 1 st November
2018 passed by the Maharashtra Revenue Tribunal, Mumbai and
I/c. Maharashtra Real Estate Appellate Tribunal, (MahaRERA),
Mumbai in Appeal No.AT006000000000291 is quashed and set
asie and the said Appeal No.AT006000000000291 is disposed of in
terms of the Consent Terms.
11. It is clarified that the said Consent Terms are filed in only
one Appeal and therefore, the said order dated 1 st November 2018
is quashed and set aside with respect to only one Appeal which has
been filed before the Maharashtra Real Estate Appellate Tribunal,
Mumbai concerning Ms. Neha Arvind Nadkarni and Mr. Arvind
Nadkarni.
12. Accordingly, the Second Appeal is disposed of in above terms
and in terms of the Consent Terms, with no order as to costs.
13. In view of the disposal of the Second Appeal, nothing
survives in the Civil Applications and the same are also disposed of.
[MADHAV J. JAMDAR, J.]
Page 9
Sonali
Checking your session…