Bombay High Court
LARSEN AND TOUBRO LTD REALTY DIVISIONversusMR. SUDHIR BALRAM DOLE
- Decided
- Disposal
- Disposed Off
- Bench
- N JAMADAR
Holding
The court accepted the consent terms, quashed the impugned orders, and disposed of the appeal and interim application by consent of the parties.
Summary
Larsen & Toubro Ltd Realty Division and the respondents, Sudhir Balram Dole and Gauri Dole, reached an amicable settlement and executed consent terms. Both parties appeared before the court, admitted the contents of the consent terms, and affirmed that the settlement was voluntary and free of duress. The court was asked to accept the consent terms and to set aside the impugned orders. By consent, the court marked the consent terms on record, quashed the earlier orders, and allowed the appellant to withdraw the amount from the RERA Appellate Tribunal as stipulated. Consequently, the appeal and the related interim application were disposed of in accordance with the consent terms.
Issues considered
- Can the court accept the parties' consent terms and set aside the impugned orders?
- Does the acceptance of consent terms result in the disposal of the appeal and related interim application?
Subjects
- settlement
- consent terms
- appeal disposal
- quash of orders
- RERA Appellate Tribunal
- civil procedure
Judgment
14-SA-633-2023.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 638 OF 2023
WITH
INTERIM APPLICATION NO. 17174 OF 2023
IN
SECOND APPEAL NO. 638 OF 2023
Larsen And Toubro Ltd Realty Division ..Appellant
Versus
Sudhir Balram Dole and Anr …Respondents
Adv Nidhi Singh, i/b IndiaLaw LLP, for the Appellant.
Mr. Bhagwat Yadav, with Ritika Iyer, i/b Anil D’Souza, for the
Respondents.
Mr. Sudhir Dole and Smt. Gauri Dole present through VC.
CORAM: N. J. JAMADAR, J.
DATE : 18th MARCH 2026
P.C.:
1. Heard the learned Counsels for the parties.
ARUN
RAMCHANDRA
SANKPAL
Digitally signed
2. The learned Counsel for the parties submit that the Appellant and
by ARUN
RAMCHANDRA
SANKPAL
Date: 2026.03.22
10:55:04 +0530 the Respondents have arrived at an amicable settlement of the dispute,
and Consent Terms have been executed.
3. The learned Counsel for the parties seek leave to tender the
Consent Terms.
Leave granted.
ARS 1/2
14-SA-633-2023.DOC
4. Mr. Ankur Jadhav, the Authorized Signatory of the Appellant and
Mr. Sudhir Balram Dole and Mrs Gauri Sudhir Dole, Respondent Nos. 1
and 2 are present before the Court (through VC). They admit the
contents of the Consent Terms and execution thereof. They state that
they have read and understood the contents of the Consent Terms and
agree to abide by the terms thereof. Mr. Bhagwat Yadav identifies the
Respondent Nos. 1 and2, who appeared through VC.
5. It appears that the parties have arrived at a comprehensive
settlement of the dispute. The parties appear to have voluntarily
executed the Consent Terms and there is no coercion or duress.
6. Hence, the Consent Terms are taken on record and marked ‘X’.
7. In view of the Consent Terms “X” the impugned orders are
quashed and set aside by consent of parties. By consent of the parties
the Appellant is at liberty to withdraw the amount from the RERA
Appellate Tribunal as recorded in paragraph 7(iii) of the Consent Terms.
8. The undertakings given in the Consent Terms (‘X’) are accepted as
the undertakings to the Court.
9. The Appeal stands disposed in accordance with the Consent
Terms (‘X’).
10. In view of withdrawal of the Appeal, the Interim Application
No.17174 of 2023 also stands disposed.
[N. J. JAMADAR, J.]
ARS 2/2
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