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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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