Bombay High Court
SANJERI BUILDERS AND ORSversusFAIZ URBAN CO-OPERATIVE CREDIT SOCIEY LTD.
- Decided
- Disposal
- Disposed Off
Holding
The consent terms modify the MAHA RERA Appellate Tribunal orders and set aside the execution order, leading to disposal of the appeal.
Summary
The appellants, Sanjeri Builders & Ors., and the respondent, Faiz Urban Co-operative Credit Society Ltd., entered into a consent settlement that was signed before the High Court. The parties admitted their signatures and the contents of the consent terms. By virtue of the settlement, the Court modified the orders previously passed by the MAHA RERA Appellate Tribunal and set aside the execution order dated 16 April 2026. All pending interim applications were also disposed of. Consequently, the second appeal was disposed of in accordance with the consent terms.
Issues considered
- Whether the parties' consent can modify the orders of the MAHA RERA Appellate Tribunal
- Whether the execution proceedings can be set aside on the basis of a consent decree
Subjects
- consent decree
- modification of tribunal order
- execution proceedings
- MAHA RERA
- civil appellate jurisdiction
- settlement
Judgment
Neeta Sawant 1-SA-363-2025.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 363 OF 2025
WITH
INTERIM APPLICATION NO. 8785 OF 2025
Sanjeri Builders & Ors. ….. Appellants
: Versus :
Faiz Urban Co-operative Credit
Society Ltd. …. Respondent
Mr. Jayendra D. Khairnar with Ms. Gauri S. Kulkarni, for the Appellants.
Ms. Shagufta Patel with Mr. Atreya Tambe with Mr. Vedastu Rane i/b. SHB
Legal, for the Respondent.
CORAM : SANDEEP V. MARNE, J.
DATED : 3 SEPTEMBER 2026.
P.C :
1) The learned counsel appearing for the parties, jointly submit
Digitally
signed by
that parties have amicably resolved the disputes amongst them. Consent
NEETA
NEETA SHAILESH
SHAILESH SAWANT
SAWANT Date:
2026.09.05
10:53:17 _____________________________________________________________________________
+0530
PAGE NOS. 1 of 2
Thursday, 3 September 2026
Neeta Sawant 1-SA-363-2025.docx
Terms are tendered. The Consent Terms are signed by the authorised
signatories, as well as by the authorised signatory of the Respondent-
Credit Society. The signatories to the Consent Terms are personally
present before the Court. They admit their signatures on the Consent
Terms, as well as, contents thereof. The Consent Terms are taken on
record and marked ‘X’ for identification.
2) With filing of the Consent Terms, the orders passed by the
MAHA RERA Appellate Tribunal shall stand modified and accordingly
the execution proceedings shall be treated to have come to an end. The
order dated 16 April 2026 passed in execution proceedings is
consequently set aside. The Second Appeal is disposed of in terms of the
Consent Terms.
3) All the pending Interim Applications also stand disposed of.
[SANDEEP V. MARNE, J.]
Digitally
signed by
NEETA
NEETA SHAILESH
SHAILESH SAWANT
SAWANT Date:
2026.09.05
10:51:52
+0530
_____________________________________________________________________________
PAGE NOS. 2 of 2
Thursday, 3 September 2026
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