Bombay High Court

MAYFAIR HOUSING PRIVATE LIMITEDversusNIKHIL DHARAMDAS SHAH

Decided: 20 May 2026
Disposal: Disposed off as Withdrawn
Bench: GAUTAM A ANKHAD

Holding

The suit is disposed of as withdrawn in accordance with the consent terms and the court orders refund of court fees.

Summary

Mayfair Housing Private Limited filed Suit No.317 of 2025 against Nikhil Dharamdas Shah and another defendant. The plaintiff referred to consent terms executed in Commercial Suit No.49 of 2025, wherein the plaintiff, acting as Defendant No.3, agreed to unconditionally withdraw the present suit. Defendant No.1 raised no objection to the withdrawal. The Court, after noting the consent terms and the lack of objection, ordered that Suit No.317 of 2025 be disposed of as withdrawn and directed that court fees be refunded in accordance with the applicable rules.

Issues considered

What is the effect of a consent term executed in a separate suit on the withdrawal of the present suit?
Whether the court may order refund of court fees upon withdrawal of a suit.

Subjects

withdrawal of suit
consent terms
civil procedure
court fees
High Court

Judgment

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                 ORDINARY ORIGINAL CIVIL JURISDICTION

                          SUIT NO.317 OF 2025

Mayfair Housing Private Limited                    .. Plaintiff.

                  Vs.

Nikhil Dharamdas Shah & Anr.                       .. Defendants.


Ms. Arushi Yadav i/b R.S. Justicia Law Chambers, Advocates for the
Plaintiff.
Mr. Dhavall Gandhy i/b Mr. Tushar Garodia, Advocates for Defendant
no.1.
Ms. Mitali Dube i/b Vidhi Partners, Advocates for Defendant no.2.


                               CORAM : GAUTAM A. ANKHAD, J.
                               DATE       : 20TH MAY 2026
                                             [ VACATION COURT ]

P.C. :

1.       Ms. Arushi Yadav, learned counsel appearing for the Plaintiff in

this suit invites my attention to the Consent Terms executed between the

parties in Commercial Suit No.49 of 2025 wherein, the Plaintiff

herein/Defendant no.3 in the Consent Terms has undertaken to

unconditionally withdraw the present suit. Mr. Dhavall Gandhy, learned

counsel appearing for Defendant no.1 has no objection to this



                                    1/2
1 S-317-25.doc                                                       bdpsps
              withdrawal.

              2.       Hence, Suit No.317 of 2025 is disposed of as withdrawn. Refund

              of court fees shall be processed as per Rules.



BHARAT
                                                        [ GAUTAM A. ANKHAD, J. ]
DASHARATH
PANDIT

Digitally signed
by BHARAT
DASHARATH
PANDIT
Date: 2026.05.20
20:12:10 +0530




                                                  2/2
              1 S-317-25.doc                                                     bdpsps

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.