ROOPSHAH BUILDERS THROUGH ITS PROPRIETOR RASILA SHAH AND ANR.versusMULUND HEMLEELA CO-OPERATIVE HOUSING SOCIETY LIMITED AND 3 ORS.

                                                 3-WP-5139-2022.DOC

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            ORDINARY ORIGINAL CIVIL JURISDICTION

                 WRIT PETITION NO. 5139 OF 2022


Roopshah Builders & Anr.                              ..Petitioners
     Versus
Mulund Hemleela CHS Ltd. & Ors.                    …Respondents

Mr. Mandar Soman, for the Petitioners.
Mr. Manish Kenia, Ms. Ankita Sovani, for Respondent No.1.
Ms. Jyoti Chavan, Addl. GP for State/Respondent Nos.2 – 4.
Mr. Hemant Mehta a/w Ms. Jinal Mehta i/b Mehta & Co., for
     Respondent No.5.
Mr. Bhavyesh P Shah – Petitioner No.1B.
Mr. Pruthesh P Shah – Petitioner No.1C.
Mr. Divyesh Shah – Petitioner No. 1D.
Ms. Savita Gharat – Chairman of Society/Respondent No. 1.
Mr. Manohar Shetty – Treasurer of Society/Respondent No. 1.
Mr. Rajendra Haralkar – Secretary of Society/Resp. No. 1.
Mr. Hentanshu Shah – Partner of Respondent No.5.

                           CORAM:         N. J. JAMADAR, J.
                           DATE :         22nd JUNE 2026

P.C.:

1.      Heard the learned Counsel for the parties.

2.      Mr. Soman, the learned Counsel for the petitioners, seeks

leave to amend the petition so as to implead the legal

representative of Mrs. Rasila Shah, the proprietor of M/s.

Roopshah Builders, who has passed away.

3.      Leave granted.

4.      Necessary amendment be carried out forthwith.




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5.    The learned Counsel for the parties submit that, the

parties have amicably resolved the dispute and the consent

terms have been executed.

6.    Mr. Soman, the learned Counsel for the petitioners, seeks

leave to tender consent terms.

7.    Leave granted.

8.    Mr. Bhavyesh Shah, Mr. Pruthesh Shah, Mr. Divyesh

Shah, the Petitioner Nos.1B, 1C and 1D, who also claim to be

the constituted attorneys of Petitioner No.2 – Pravinchandra

Narandas Shah, are present before the Court.

9.    The Respondent No.1- Society is represented by Ms. Savita

Gharat – Chairperson, Mr. Manohar Shetty - Treasurer and Mr.

Rajendra Haralkar – Secretary. The office bearers of the

Respondent No.1, are present before the Court.

10.   Mr. Hidanshu Shah, the partner of Respondent No.5 -

Developer, is also present.

11.   The above-named petitioners and the respondents admit

the execution of the consent terms and the contents thereof.

The parties are identified by their respective Advocates.

12.   Upon being specifically inquired, the petitioners as well as

the representatives of the Respondent Nos.1 and 5 submit that,

they have read and understood the contents of the consent


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terms, they admit the same and also agree to abide by the

contents of the consent terms.

13.    It   appears   that,   the   parties   have   worked   out   a

comprehensive settlement of the dispute and the consent terms

have been executed, voluntarily. There does not appear to be any

coercion or duress.

14.    The consent terms are thus taken on record and marked

‘X’.

15.    The learned Counsel for the parties jointly submit that,

the consent terms do not affect the rights of the third parties.

16.    The Writ Petition thus stands disposed in accordance with

the consent terms ‘X’. The undertakings in the consent terms

are accepted as undertakings to the Court.

17.    It is clarified that, the consent terms shall not bind the

persons who are not parties to these consent terms.



                                          [N. J. JAMADAR, J.]




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