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2024 Supreme(Bom) 394

SANDEEP V. MARNE
Oyster Ship Management Private Limited – Appellant
Versus
Bhavsar Construction Co. Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Parties :Mr. Ashish Kamat, Senior Advocate with Mr. Shanay Shah with Mr. Kiran Jain, Mr. Ayush Chugh and Ms. Neha Raut i/b M/s. Kiran Jain & Co., Mr. Sharan Jagtiani, Senior Advocate i/b Mr. Kunal Bhanage, Mr. Karl Tamboly with Mr. Girish Paryani and Mr. Shavez Mukri i/b M/s. A & G Legal Associates, Mr. H.V. Kumarswamy Iyer, Mr. Deepak Shukla, Mr. S.K. Dhekale, Court Receiver with Mrs. S.S. Chipkar, Master (Adm.)

JUDGMENT :

1. The Suit was listed for settlement on account of submission made on Plaintiffs’ behalf that the disputes are amicably resolved. Accordingly, Consent Terms are tendered jointly by the learned counsel appearing for Plaintiffs and the learned counsel appearing for the Defendant Nos. 8 to 11. However, Defendant Nos.1 to 3 have opposed compromise of the Suit by Plaintiffs with Defendant Nos.8 to 11 on the grounds, both of impermissibility to settle the Suit behind their back and also on the ground of terms of compromise affecting their rights in respect of land on which Defendant Nos.8 to 11 are proposing to carry out construction. Defendant Nos.4 to 6 are also opposed to acceptance of Consent Terms by this Court on the same grounds as that of Defendant Nos.1 to 3. Therefore, this detailed order is necessitated with a view to examine the objections raised by the Defendant Nos.1 to 3 as well as by Defendant Nos.4 to 6 to compromise of suit between the Plaintiffs and Defendant Nos.8 to 11.

2. Thirty-five Plaintiffs have filed the present Suit seeking a declaration that they are the purchasers of Units described in Exhibit-C1 to Exhibit-C7 in the proposed commercial complex bui

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