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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4-IA6456-2026.DOC
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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