Bombay High Court
Tribhuvandas M. Rughani And Ors vs Shree Raghuvanshi Cooperative ... on 20 April, 2022
Bench: S. K. Shinde
Tikam 1/3
35- FA 849 of 2011
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL No. 849 OF 2011
VAISHALI
ANIL
TIKAM Tribhuvandas M. Rughani and Ors. ...Appellants
Vs.
Digitally signed
by VAISHALI
Shree Raghuvanshi Cooperative
ANIL TIKAM Housing Society Ltd. and Ors. ...Respondents
Date:
2022.04.21
11:14:23 WITH
+0530
INTERIM APPLICATION No. 2545 OF 2022
IN
FIRST APPEAL No. 849 OF 2011
Badal Ashokkumar Motiramani ...Applicant
In the matter between
Tribhuvandas M. Rughani and Ors. ...Appellants
Vs.
Shree Raghuvanshi Cooperative
Housing Society Ltd. and Ors. ...Respondents
WITH
CIVIL APPLICATION No. 9 OF 2019
IN
FIRST APPEAL No. 849 OF 2011
WITH
CIVIL APPLICATION No. 2524 OF 2017
IN
FIRST APPEAL No. 849 OF 2011
Tribhuvandas M. Rughani and Ors. ...Applicants
Vs.
Shree Raghuvanshi Cooperative
Housing Society Ltd. and Ors. ...Respondents
****
Mr. Yogesh Adhia for Appellant and for Applicant in
CAF/09/2019 and CAF 2524/2017
Mr. Sushant Walimbe a/w. Hansikar Walimbe a/w.
Aarti Nishad i/b. Hansika Sable for Applicant in
IA/2545/2022
Tikam 2/3
35- FA 849 of 2011
Mr. Shreepad Murthy a/w. Clarissa Mirauda a/w. Mr.
Abhishek Patil i/b. Anand Nikhal for Respondent No.1
Mr. R.Y. Sirsikar for Respondent Nos. 11 and 12 -
MCGM
Coram : Sandeep K. Shinde, J.
Dated: 20th APRIL, 2022.
P.C. :
1. This First Appeal challenges the judgment and decree
dated 22nd February, 2011 passed in Suit No. 7346/2000 by the
Judge, City Civil Court at Bombay. Appellants-Defendant Nos.1
and 2, being "Promoters", within the meaning of MOFA, have
preferred this appeal. Pending appeal, the parties thereto, have
settled the dispute. The consent terms placed on record, modifies
the decree to the extent, stated in paragraph 5 of the consent
terms. Although Respondent Nos. 9 and 10 are not party to the
consent terms, Clause No. 5, provides and preserves the, rights of
Respondent Nos. 9 and 10.
2. Mr. Surendra Shah, Constituted Attorney of Appellant
Nos. 1 and 2 is present in the Court. A copy of Power of
Attorney is annexed to the consent terms. Appellant Nos. 3A and
4 are present in the Court. They admit, contents of the consent
terms. They are identified by their advocates.
Tikam 3/3
35- FA 849 of 2011
3. So far as Respondent No.1 - Original Plaintiff is concerned,
the Chairman, Secretary and Treasurer of Respondent No.1 are
present in the Court. They have admitted the consent terms, in
view of the resolution passed by the Managing Committee of the
respondent No.1 In so far as Respondent Nos. 2 to 12 are
concerned, the Appellants have withdrawn the appeal against
them, as stated in Clause 2 of the consent terms. Consent Terms,
modifying the decree passed in L.C.Suit No. 7346/2000 passed by
the City Civil Court, Bombay is taken on record and marked 'X-
1' for identification. In consideration thereof, the impugned
decree stands modified. Decree be drawn accordingly. First
Appeal is accordingly disposed of in the aforesaid terms, including
all applications and IA No. 2545 of 2022. Needless to state that,
all interim orders passed in the First Appeal stand vacated.
(Sandeep K. Shinde, J.)
