Bombay High Court
Ms Neelkanth ConstructionsversusVaibhav Prabhakar Balla
- Decided
- Disposal
- Disposed Off
- Bench
- GAURI GODSE
Holding
The consent terms are legal and valid, and the court may dispose of the appeals and set aside the impugned orders based on the settlement.
Summary
The appellant, Neelkanth Constructions, filed four second appeals against various respondents. All parties, including a society that was added as a respondent by consent, signed a common consent order on 22 July 2026, which was recorded as "X1". The consent terms required the appellant to pay 20% of a corpus fund to the respondents, which was effected by cheques that the appellant undertook to honor. The court examined the consent terms, found them legal and valid, and accepted the parties' undertakings. Consequently, the court permitted the addition of the society as a respondent, quashed the earlier orders in the appeals, and disposed of all four second appeals and related applications in accordance with the settlement.
Issues considered
- Whether the consent terms signed by all parties are legally valid and can be enforced by the court
- Whether the society can be added as a respondent to the second appeals by consent
- Whether the court may dispose of the appeals and set aside the impugned orders based on an amicable settlement
Subjects
- consent order
- settlement
- second appeal
- civil procedure
- addition of party
- quash of orders
- corpus fund
- cheque payment
Judgment
2026:BHC-AS:30191
4-SA-124-2025.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 124 OF 2025
Swapnil
Neelkanth Constructions. …Appellant
Vs.
Sujay Rajaln Joshi. …Respondent
WITH
INTERIM APPLICATION NO. 5288 OF 2026
WITH
INTERIM APPLICATION NO. 3220 OF 2025
WITH
SECOND APPEAL NO. 127 OF 2025
Neelkanth Constructions. …Appellant
Vs.
Deepesh S Singh. …Respondent
WITH
INTERIM APPLICATION NO. 3224 OF 2025
WITH
INTERIM APPLICATION NO. 5303 OF 2026
WITH
SECOND APPEAL NO. 126 OF 2025
Neelkanth Constructions. …Appellant
Vs.
Nikhil Narayan Bare. …Respondent
WITH
INTERIM APPLICATION NO. 5298 OF 2026
WITH
INTERIM APPLICATION NO. 3227 OF 2025
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WITH
SECOND APPEAL NO. 125 OF 2025
Neelkanth Constructions. …Appellant
Vs.
Vaibhav Prabhakar Balla. …Respondent
WITH
INTERIM APPLICATION NO. 5295 OF 2026
WITH
INTERIM APPLICATION NO. 3229 OF 2025
Mr. Satyajeet P. Dighe for the appellant.
Mr. Nilesh Garde a/w. Mr. Bajrang Solanke for respondent
no.1 and proposed respondent no. 2.
CORAM : GAURI GODSE, J.
DATE : 22nd JULY 2026
ORDER :
1. Learned counsels for the respective parties have
tendered the common consent terms in all the four second
appeals. The consent terms is signed by the partner and the
authorised representative of the appellant and all the four
complainants who are the respondent in the second appeals.
By consent of the parties, the society is added as a party
respondent in all the second appeals. The authorised
representative of the society has also signed the consent
terms. All the signatories are present in the court. The
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signatories are identified by their respective advocates. The
advocates have also signed the consent terms. The
respective authority letters of the appellant and the society
are annexed to the consent terms. The identity documents of
the complainants are annexed to the consent terms. The
signatories who are present in the court, identified their
signatures and admit the terms to be true and correct.
2. Consent terms dated 22nd July 2026 is taken on record
and marked as “X1” with today’s date for identification.
3. I have perused the consent terms. The terms are legal
and valid. The undertakings and assurances in the consent
terms are accepted as undertakings to this court. The 20%
amount of the corpus fund, as mentioned in paragraph 9 of
the consent terms is to be paid on or before execution of the
consent terms. Learned counsel for the appellant, on
instructions, submits that the same would be paid till the end
of the day by issuing cheque. The statement is accepted.
The cheques to the complainants for the amount stated in
the consent terms are handed over to the complainants. The
partner and the authorised representative of the appellant
undertakes to this court on behalf of the appellant that the
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cheques issued pursuant to the consent terms shall be
honoured. The statements and undertakings made on behalf
of the appellant are accepted as the undertakings to this
court.
4. Learned counsel for the respondent in all the second
appeals submits that he shall file vakalatnama on behalf of
the society. Liberty to file vakalatnama.
5. The appellant is permitted to add the society as a party
respondent in all the second appeals. Amendment to be
carried out forthwith in the court.
6. All the four second appeals, are disposed of in terms of
the consent terms.
7. In view of an amicable settlement between the parties,
the orders impugned in the second appeals are quashed and
set aside.
8. All other pending applications are disposed of as
infructuous.
[GAURI GODSE, J.]
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