Bombay High Court
Pinewood Co-Operative Housing Society ... vs Painterior (India) Llp Through Its ... on 18 December, 2023
Author: Nitin Jamdar
Bench: Nitin Jamdar
2023:BHC-AS:38556-DB
1 71.IA 14349.23.doc
JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 14349 OF 2023
and
INTERIM APPLICATION NO. 14350 OF 2023
in
COMMERCIAL FIRST APPEAL (ST.) NO. 20113 OF 2023
Pinewood Co-operative Housing Society Ltd.
through its authorized person Satish
Savlaram Adhikari ... Applicant
V/s.
Painterior (India) LLP through its authorized
partner Mr. Firdaus Merchant ... Respondent
Mr. Vishal Patil for the Applicant
Ms. Shivani Khadke for the Respondent
CORAM : NITIN JAMDAR &
MANJUSHA DESHPANDE, JJ.
DATE : 18 DECEMBER 2023
P.C. :-
Heard the learned Counsel for the parties.
2. Delay in filing the Appeal is condoned. The Interim
Application for condonation of delay is disposed of.
3. Appeal is admitted. At the joint request, taken up for
disposal forthwith. Paper-book dispensed with.
2 71.IA 14349.23.doc
4. This Appeal challenges the judgment and order passed
by the City Civil Court, Mumbai dated 4 May 2023 in Commercial
Suit No.303 of 2022. By the judgment and decree, the learned Trial
Judge, City Civil Court, Mumbai directed the Appellant to pay an
amount of Rs.20,96,272/- along with the interest stipulated therein.
The Appeal along with the Interim Application for condonation of
delay came up for consideration on 27 October 2023 when the
learned Counsel for the parties upon instructions had shown
willingness to resolve the dispute through mediation process.
Accordingly, the mediator was appointed to mediate upon the
dispute who has submitted a report that the mediation process was
successful.
5. The learned Counsel for the parties tendered the consent
terms as per their agreement before the mediator. The consent terms
which have been signed by the learned Counsel for the parties and
the authorized representatives of the Appellant and Respondents are
taken on record and marked 'X' for identification.
6. The Respondent filed a suit for recovery of the amount
claimed in the suit from the Appellant - Co-operative Society
contending that it had carried out the work of water proofing
restoration and pending repair and restoration work of the Appellant
- Society and his charges were not paid. In the consent terms the
parties have arrived at a sum of Rs. 10,57,776.50 as full and final
3 71.IA 14349.23.doc
payment towards the decree.
7. Considering that the dispute pertained to a commercial
transaction and it is being settled in terms of money, we do not find
anything unconscionable accepting the consent terms and modifying
the impugned judgment and decree.
8. Accordingly, the Appeal is disposed of in terms of the
consent terms. The impugned judgment and decree shall stand
modified and be substituted in terms of the consent terms. No order
as to costs.
9. The efforts taken by the mediator are appreciated.
MANJUSHA DESHPANDE, J. NITIN JAMDAR, J.
