Bombay High Court
CHAMUNDA BUILDERS AND DEVELOPERSversusMOSS REALTORS PVT LTD
- Decided
- Disposal
- Disposed Off
Holding
The Court allowed the filing of the Consent Terms, directed amendment of the petition, and ordered the State Government to be impleaded for court-fee liability.
Summary
The petitioners, Chamunda Builders and Developers, sought leave to file Consent Terms in the High Court after the trial court directed payment of court fees based on the original declaratory relief suit. Both parties admitted voluntarily executing the Consent Terms without coercion and agreed to resolve all disputes through the settlement. The Court took the Consent Terms on record, granted leave to file them, and directed the petitioner to amend the petition within a week. It also ordered that the State Government be impleaded as a respondent to address the issue of court-fee liability, with notice to be issued and served. The matter was adjourned to 28 September 2026 for compliance.
Issues considered
- Whether the parties may file the Consent Terms in the High Court despite the trial court's order on court-fee liability
- Whether the State Government should be impleaded to determine liability for court fees
Subjects
- Consent Terms
- court fees
- writ petition
- settlement
- civil procedure
- High Court
- implementation of compromise
Judgment
902-WP5977-2025.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5977 OF 2025
Chamunda Builders And Developers ...Petitioner
Versus
Moss Realtors Pvt Ltd …Respondent
Smt. Sunita Dube, i/by Nutan Moily, for the Petitioner.
Mr. Jeet Gandhi, for the Respondent.
SANTOSH
SUBHASH
KULKARNI CORAM: N. J. JAMADAR, J.
Digitally signed by
SANTOSH SUBHASH DATED: 20th AUGUST, 2026
KULKARNI
Date: 2026.08.31
19:50:24 +0530
PC:-
1. Heard the learned Counsel for the parties.
2. The learned Counsel for the parties submit that the
parties had filed the Consent Terms before the trial Court.
However, by the impugned order, the learned Judge, City Civil
Court, directed that in accordance with the terms of
compromise, the parties shall pay the court-fees as the suit was
initially filed for declaratory reliefs only.
3. The parties seek leave to file the Consent Terms in this
Court.
Leave granted.
1/3
902-WP5977-2025.DOC
4. Mr. Sameer Bharadhwaj, the authorized representative of
the Petitioner and Mr. Rahul Purohit, the authorized
representative of Moss Realtors Pvt Ltd. - Respondent are
present before the Court. They admit the contents of the
Consent Terms and execution thereof. They submit that they
have voluntarily executed Consent Terms and there is no
coercion or duress. The Petitioner and Respondent are identified
by their respective Counsel.
5. Upon being specifically inquired, the Petitioner and
Respondent admit that they are agreeable to the resolution of
the dispute in accordance with the Consent Terms. It seems
that the Petitioner and Respondent have decided to resolve all
the issues and a comprehensive settlement has been arrived at
between the parties.
6. The Consent Terms are taken on record and marked ‘X’.
7. Since the trial Court has raised the issue of liability of the
parties to pay the court-fees, it would be necessary to implead
the State Government as a party respondent to this petition.
8. The Petitioner shall carry out the necessary amendment in
the petition within one week from the date of uploading of this
order.
2/3
902-WP5977-2025.DOC
9. Issue notice to the State Government through the
Government Pleader, Writ Cell, returnable on 28 th September,
2026.
10. In addition to notice through Court, the Petitioner shall
serve the State Government by private service and file an
affidavit of service.
11. Stand over to 28th September, 2026.
[N. J. JAMADAR, J.]
3/3
Checking your session…