Bombay High Court

M/S. UNIVERSAL SALES CORPORATION THROUGH PROP.ARUN VASUDEV KULKARNIversusM/S. UNIVERSAL PAINT INDUSTRIES ON BEHALF OF PARTNER ASHOK VASANT NIRGUDKAR

Decided: 8 September 2026
Disposal: Disposed Off

Holding

The decree stands modified and substituted in accordance with the parties' consent terms.

Summary

The appellant, M/s. Universal Sales Corporation, appealed a decree against the respondent, M/s. Universal Paint Industries. Both parties, through their counsel, jointly submitted that they had amicably resolved all disputes and presented consent terms, with signatories appearing via video conference and acknowledging their signatures. The court recorded the consent terms, identified them with an ‘X’, and modified and substituted the original decree in accordance with the parties' agreement. No order as to costs was made. Consequently, the second appeal was disposed of based on the settlement.

Issues considered

What is the effect of a consent decree on a previously passed decree in a civil appellate proceeding?

Subjects

consent decree
modification of decree
civil appeal
settlement
costs

Judgment

2026:BHC-AS:36819

              Megha                                                 902_sa_85_2006


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
                                  SECOND APPEAL NO.85 OF 2006

              M/s. Universal Sales Corporation and
              its proprietor
              Arun Vasudev Kulkarni                                ...Appellant

                                V/s.

              M/s. Universal Paint Industries, a
              registered Firm, through its Partner
              Ashok Vasant Nirgudkar                               ...Respondent
                                               ________________
              Mr. Aniruddha A. Garge with Mr. Yash Gangal for the Appellant.
              Ms. Sweta Shah i/b. Mr. A.P. Kulkarni for the Respondent.
              Mr. Ashok Vasant Nirgudkar, Respondent through VC appeared.
                                               ________________


                                                        CORAM: SANDEEP V. MARNE, J.

                                                         DATED: 8 SEPTEMBER 2026.


              P.C.:


              1)      The learned counsel appearing for the parties jointly submit that
              parties have amicably resolved the disputes amongst them. The consent
              terms are tendered. Signatories to the consent terms are present through
              video conferencing. They admit their signatures on the consent terms as
              well as the contents thereof. The consent terms are taken on record and
              marked ‘X’ for identification.



                                                  Page No.1 of 2
                                                8 September 2026
                          Megha                                                  902_sa_85_2006


                          2)          Second Appeal stands disposed of as per the terms agreed
                          between the parties in the consent terms. The decree stands modified
                          and substituted by the arrangement agreed between the parties in the
                          consent terms. There shall be no order as to costs.




                                                                             [SANDEEP V. MARNE, J.]




Signed by: Megha S. Parab
                                                            Page No.2 of 2
Designation: PA To Honourable Judge                       8 September 2026
Date: 08/09/2026 15:18:29

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