Bombay High Court
ADMIRECON INFRASTRUCTURE PRIVATE LIMITEDversusSKY ANCHORAGE CO-OPERATIVE HOUSING SOCIETY LTD.
- Decided
- Disposal
- DISPOSED OFF
- Bench
- RAJESH S PATIL
Holding
The Court held that the execution application stands disposed in terms of the consent terms entered into by the parties.
Summary
The parties, Admirecon Infrastructure Private Limited (applicant) and Sky Anchorage Co-operative Housing Society Ltd. (respondents), entered into consent terms dated 16 February 2026, which were presented and recorded in Court. Both sides, represented by their counsel, affirmed that the consent terms were signed and accepted as undertakings to the Court. The Court, after verifying the identities and signatures of the parties via video conferencing, ordered that the pending execution application No. 708/2019 be disposed of in accordance with the consent terms. Consequently, the show‑cause notice issued on 23 September 2025 against the society’s committee members was withdrawn, and any related chamber summons or interim applications were also dismissed. The Court further modified its earlier order of 19 December 2025 to insert the words “along with accrued interest” after “withdraw”. The matter was thus fully settled by mutual agreement.
Issues considered
- What is the effect of the parties' consent terms on the pending execution application?
- Does the consent decree withdraw the previously issued show‑cause notice against the society’s committee members?
- Are related chamber summons and interim applications extinguished by the consent?
Subjects
- execution
- consent decree
- civil procedure
- show cause notice
- settlement
- withdrawal
Judgment
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Digitally
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
signed by
KANCHAN
KANCHAN
VINOD
MAYEKAR
VINOD
MAYEKAR
Date:
ORDINARY ORIGINAL CIVIL JURISDICTION
2026.02.18
19:03:30
+0530
EXECUTION APPLICATION NO. 708/2019
ALONGWITH
CHAMBER SUMMONS NO. 831/2018
ALONGWITH
SUO MOTO SHOW CAUSE NOTICE NO.1/2025
IN
EXECUTION APPLICATION NO. 708/2019
ADMIRECON INFRASTRUCTURE
PRIVATE LIMITED ….. APPLICANT
VS
SKY ANCHORAGE CO-OPERATIVE
HOUSING SOCIETY LTD. ….. RESPONDENTS
Adv. Hasmit Trivedi a/w. Adv. Indrakumar Lahoti, Adv. Niharika
Ahirekar i/b. Praxis Legal for the Applicants.
Adv. P. Ranjan i/b. Halai & Co. for the Respondents.
Mr. Shums Merchant - Chairman, Mr.Zeeshanali Vakil – Secretary and
Mr.Zahir Gheewala – Treasurer of the Respondent Society are present.
Mr.Ravi Agarwal, Director of the Applicant present.
CORAM : RAJESH S. PATIL, J.
DATE : 17 FEBRUARY, 2026
P.C. :-
1) Both the learned counsels submit that parties have
entered into the consent terms and have duly settled their dispute.
The consent terms dated 16 February, 2026 has been handed over to
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this Court. The same is taken on record. Both the learned counsel
mention that they have signed the consent terms and their respective
clients have also signed the consent terms. The three committee
members of the respondent housing society are present through video
conferencing and the director of the applicant-decree holder is also
present through video conferencing.
2) The advocates identify their respective clients, who are
present through video conferencing and identify their signatures on
the consent terms. The said consent terms are taken on record and
marked ‘X’ for identification purpose. The statements made in the
consent terms are accepted as undertaking given to this Court. All
undertakings are also accepted.
3) For ease of reference, a scanned copy of the consent terms
are reproduced hereinbelow :-
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4) Execution application stands disposed of in terms of the
consent terms.
5) Since the execution application is disposed of in pursuant
to the consent terms dated 16 February, 2026, by consent, show cause
notice issued pursuant to the order dated 23 September, 2025 against
the committee members of the respondent society, hereby stands
withdrawn.
6) In sequel, chamber summons/notice of motion/interim
applications, if any, also stand disposed of.
7) By consent, it is also hereby clarified that in the order
dated 19 December, 2025, in paragraph no.4, line no.4, after the word
‘withdraw’, the words ‘alongwith accrued interest’ be added. Rest of
the order dated 19 December, 2025 remains the same.
[RAJESH S. PATIL, J.]
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