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Bombay High Court

MS RELIABLE CONSTRUCTIONSversusBHAGWANDAS BALARAM KESARWANI

Decided
Disposal
Disposed Off

Holding

The court condoned the delay and disposed of the appeal in accordance with the parties' Consent Terms.

Summary

The appellant, M/s. Reliable Constructions, sought condonation of a 244‑day delay in filing an appeal against an order of the Maharashtra Real Estate Appellate Tribunal dated 26 November 2025. The respondents, allottees, indicated no objection to condonation, citing a settlement reached between the parties. The court, noting the parties' consent and the execution of comprehensive Consent Terms, granted condonation and disposed of the appeal in accordance with those terms. The parties affirmed that the Consent Terms were voluntarily executed without coercion and were accepted as undertakings to the court. The court ordered the Consent Terms to remain confidential, permitting only certified copies to be obtained by the parties.

Issues considered

  • Whether a delay of 244 days in preferring an appeal can be condoned under appellate procedure
  • Whether the parties' executed Consent Terms can be admitted as binding undertakings to the court
  • Whether the appeal can be disposed of pursuant to the Consent Terms

Subjects

  • condonation of delay
  • consent terms
  • settlement
  • appellate procedure
  • confidentiality
  • Maharashtra Real Estate Appellate Tribunal

Judgment

                                                                          4-IA6456-2026.DOC

                                                                                    Santosh

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION


                                  INTERIM APPLICATION NO. 6456 OF 2026
                                                   IN
                                  SECOND APPEAL (ST) NO. 22918 OF 2026

                      M/s. Reliable Constructions                           ...Applicant/
                                                                                Appellant

                      Bhagwandas Balaram Kesarwani & anr.                 …Respondents

                      Mr. Bahraiz Irani, a/w Anosh Irani, Afrin Dalal and Amit
                           Padwal, for the Applicant/Appellant.
SANTOSH               Mr. Sumeet Upadhyay, a/w Harsh Agarwal, i/b Harsh Agarwal,
SUBHASH
KULKARNI                   for the Respondents.
Digitally signed by
SANTOSH SUBHASH
KULKARNI
Date: 2026.10.02
12:08:57 +0530                                     CORAM: N. J. JAMADAR, J.
                                                   DATED: 30th SEPTEMBER, 2026

                      PC:-

                      IA/6456/2026


                      1.     Heard the learned Counsel for the parties.


                      2.     This is an application for condonation of delay in

                      preferring the appeal against an order dated 26 th November,

                      2025    passed   by the   Maharashtra    Real   Estate     Appellate

                      Tribunal.


                      3.     The learned Counsel for the respondents – allottees, on

                      instructions, submits that the respondents have no objection to




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condone the delay in view of the settlement arrived at between

the parties.


4.    In view of the aforesaid statement and for the reasons

assigned in the application, the delay of 244 days in preferring

the appeal stands condoned.


5.    The application stands disposed.


6.    Appeal be registered.


SA(ST)/22918/2026

7.    Heard the learned Counsels for the parties.

8.    The learned Counsel for the parties submit that the

parties have amicably resolved the dispute and Consent Terms

have been executed.

9.    The learned Counsel seek leave to tender the Consent

Terms.

10.   Leave granted.

11.   Mr. Irshad Hanif Mulla, a partner of the appellant firm

and Mr. Bhagwandas Balaram Kesarwani (R1) and Mrs. Radha

Bhagwandas Kesarwani (R2), are present before the court. They

admit the contents of the Consent Terms and execution thereof.

They submit that they have voluntarily executed the Consent


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Terms and there is no coercion or duress. The parties are

identified by their respective Counsels.

12.    Upon being specifically inquired, the parties submit that

they have read and understand the Consent Terms and they

agree to abide by the same. It appears that a comprehensive

settlement has been arrived at between the parties, and the

parties have voluntarily executed the Consent Terms.

13.    The Consent Terms are thus taken on record and marked

‘X’.

14.    The undertakings given in the Consent Terms ‘X’ are

accepted as undertakings to the Court.

15.    The appeal stands disposed in accordance with the

Consent Terms ‘X’.

16.    As prayed in the Consent Terms, the Consent Terms ‘X’

shall be kept confidential and shall not be reproduced without

the leave of this Court.

17.    The parties are, however, entitled to obtain the certified

copy of the Consent Terms ‘X’.

                                           [N. J. JAMADAR, J.]




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