Bombay High Court
Kishor Rathod vs Jayashree Builders And 5 Ors on 12 January, 2024
Author: Bharati Dangre
Bench: Bharati Dangre
2024:BHC-OS:740
1/3 6 S 892 2019 .doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 892 OF 2019
Kishor Rathod .. Plaintiff
Versus
Jayashree Builders And 5 Ors. .. Defendants
...
Mr.Sarthak Utargale i/b M/s. Utargale & Co for the plaintiff.
Mr.Aditya P Shirke for defendant no.1 to 6.
Mr. Rohan Sawant for defendant no.7.
Mr. Kishor Rathod plaintiff present.
Mr. Ramesh Mehta defendant no.2 present.
Mr. Deepak Mehta defendant no.3 present.
Alpa Mehta defendant no.4 present.
Mrs. Jayshree Mehta defendant no.5 present.
Mrs. Mallika Mehta defendant no.6 present.
Mr. Ruchit K Mehta, authorized signatory of defendant no.1 present.
CORAM: BHARATI DANGRE, J.
DATED : 12th JANUARY 2024 P.C:-
1 The plaintiff has filed the Suit against defendant nos. 1 to 6 for recovery of an amount of Rs. 2,30,00,000/- on the plea that they are jointly and severally liable to pay as the amount was lend and advanced by the plaintiff to the defendants by way of friendly loan for expansion of business of defendant no.1.
2 During the pendency of the Suit, the Consent Terms are drawn between the plaintiff and defendant nos. 1 to 6, which also involve one Mr. Chandrakant Rathod, who has also signed the Consent Terms. The Consent Terms signed by plaintiff and defendant nos.1 to 6 and also by Mr. Chandrakant Rathod along with their Ashish ::: Uploaded on - 16/01/2024 ::: Downloaded on - 30/01/2024 16:33:16 ::: 2/3 6 S 892 2019 .doc respective counsel are taken on record and marked as 'X' for identification.
The plaintiff and the defendants have settled their disputes and differences which had arisen in the wake of the loan being advanced by the plaintiff to the defendants and the Consent Terms record the various stipulations subject to which the settlement is effected.
Defendant nos. 1 to 6 have agreed and confirmed that they are liable to pay a sum of Rs.5,22,51,330/- consisting of principal amount and interest to the plaintiff till signing of the Consent Terms. The further understanding between the parties is recorded in paragraph no.5 to 10. Paragraph 11 of the Consent Terms record that the defendant nos.1 to 6 have agreed and confirmed and have undertaken to execute and register the Agreement for Sale in favour of the plaintiff or in favour of his family members (one of them being Mr. Chandrakant Rathod) or its nominees, in respect of the subject flats, free of cost, after execution of the Consent Terms, as and when called upon by the plaintiff.
A copy of the sample agreement for sale as approved by RERA is also appended to the Consent Terms.
The defendant nos.1 to 6 have further agreed that the subject flats shall be provided to the plaintiff with basic standard amenities at par with all other flats sold by the defendant nos.1 to 6 in the project.
It is understood that all the previous Memorandum of Understanding executed between the parties pursuant to the execution of the Consent Terms stand mutually cancelled and the defendant nos.1 to 6 have even undertaken to bear their respective tax liability Ashish ::: Uploaded on - 16/01/2024 ::: Downloaded on - 30/01/2024 16:33:16 ::: 3/3 6 S 892 2019 .doc if any accrued to each of them in respect of the subject flats.
3 As far as Mr. Chandrakant Rathod is concerned since the Consent Terms have agreed that an agreement to sale may be issued in favour of plaintiff or Mr. Chandrakant Rathod, it is upto the parties to exercise their choice, as they deem fit.
The Suit therefore decreed in the wake of the Consent Terms.
The parties are entitled for refund of Court fees, if permissible in law.
( SMT. BHARATI DANGRE, J.) Ashish ::: Uploaded on - 16/01/2024 ::: Downloaded on - 30/01/2024 16:33:16 :::