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Bombay High Court
Ajmera Realty And Infra India Limited vs Nikhil Dharamdas Shah And Anr. on 14 May, 2026
Digitally
2026:BHC-OS:12402
signed by
MULEY
MULEY SHUBHAM
SHUBHAM PRAVINRAO
PRAVINRAO Date:
2026.05.14 1 1-COMS-49-2025.doc
16:44:16
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL SUIT NO. 49 OF 2025
Ajmera Realty and Infra India Limited ...Plaintiff
Versus
Nikhil Dharamdas Shah & Ors. ...Defendants
WITH
INTERIM APPLICATION NO. 2147 OF 2026
WITH
INTERIM APPLICATION NO. 5572 OF 2025
WITH
COURT RECEIVER REPORT NO. 189 OF 2026
-----------------
Mr. Archit Rao i/by Vidhii Partners for the Plaintiff.
Ms. Ankita Singhania a/w Dhavall Gandhy i/by Tushar Goradia for
Defendant No.1.
Ms. Fatema Kothari i/by Hudda & Associates for Defendant No.2.
Ms. Aarushi Yadav a/w Ravleen S. i/by Justicia Law Chambers for
Defendant No.3.
Mr. B. V. Baravkar, Court Receiver a/w Swayam Chopda, OSD Court
Receiver are present.
Mr. Nikhil Shah, Defendant No.1 is present.
Mr. Mayur Ajmera, Defendant No.2 is present.
Mr. Sajid Lokhandwala, Defendant No.3 is present.
-----------------
CORAM : ADVAIT M. SETHNA, J.
DATED : 14 MAY, 2026
(VACATION COURT)
P.C.:-
1. Heard learned counsel for the parties. These proceedings were moved
on behalf of the Plaintiff (Original Defendant No.1) on the ground of
urgency as stated to be that they were directed to deposit a sum of Rs.152
crores within a period of one week i.e. on or before 14 May 2026. It has
2 1-COMS-49-2025.doc
been so stated that the parties have settled the matter and are filing
Consent Terms which are required to be taken on record.
2. With the assistance of the learned counsel for the parties and as
pointed out by them, I have perused the order dated 4 May 2026, passed in
Commercial Appeal (L) No.9839 of 2026 with Interim Application (L)
No.10146 of 2026 in Commercial Appeal (L) No.9839 of 2026. By the said
order dated 4 May 2026 the Appeal of the Appellant/Original Defendant
was allowed and the pending Interim Application therein stood disposed of.
3. Pursuant to the above, the parties to the proceedings have entered
into and executed the Consent Terms dated 14 May 2026, which are placed
before this Court. The Consent Terms in original are taken on record and
marked 'X' for identification.
4. The learned counsel for the parties state that the said Consent Terms
are duly signed by the parties concerned. The signatures of the said parties
are verified by the Advocates for the parties respectively.
5. The terms and conditions of the settlement are duly recorded in the
said Consent Terms which are taken on record. The undertakings are also
duly recorded in paragraphs 11, 13 to 19, 21 and 22 of the Consent Terms
as has been pointed out by the learned counsel for the parties. The parties
who have executed the Consent Terms are present in Court and have been
identified by their respective Advocates.
6. Learned counsel for the parties invite the attention of this Court to
3 1-COMS-49-2025.doc
paragraph 6 of the Consent Terms which refers to a pending Suit No.317 of
2025, filed against the Original Defendant No.1 (the Plaintiff) which is
pending in this Court. The parties have agreed that on execution of these
Consent Terms, the said Suit No.317 of 2025 shall be unconditionally
withdrawn in terms of paragraph 6 of the said Consent Terms.
7. The Court Receiver is also present in Court. In light of the above, the
Court Receiver is duly discharged from the proceedings without passing of
the accounts and subject to payment of costs and charges as per Rules and
fees for the Court Receiver Report No.189 of 2026 dated 4 May 2026. The
Court Receiver Report No.189 of 2026 is accordingly disposed of.
8. In terms of the above Consent Terms, which are taken on record, the
Commercial Suit No.49 of 2025 stands disposed of.
9. Needless to mention that the Court fees may be refunded as per the
Rules.
10. In view of the above order, the Interim Applications filed in the
Commercial Suit do not survive and are accordingly disposed of.
11. All concerned to act on an authenticated copy of this order.
[ADVAIT M. SETHNA, J.]
