The Court affirmed that consent terms were validly varied, permitting the plaintiff to hand over possession to MMRDA, ensuring compliance with execution procedures under CPC.

ORAL JUDGMENT :

1. It would be convenient to set out the prayers in the Notice of Motion as they are involved and the scope thereof were the subject matter of controversy. The prayers read as under :-

“a) this Hon’ble Court be pleased to declare that the Decree dated 7th July, 2005 and 11th July, 2005 passed in Suit No. 567 of 2005 has been adjusted and/or varied and/or modified to the extent that: (i) the Plaintiff is required to surrender and/or handover the Amenity land and Additional Recreation Ground area to Defendant No.6 or Defendant No.8; (ii) that such surrender or handing over of possession has to be done on or before 25th February, 2006 or such other date as this Hon’ble Court may decide and (iii) the Respondent has to pay the amount of Rs.2,00,00,000/- to the Plaintiff upon proof of possession of the Amenity space and Additional Recreation Ground;

(b) that the adjustment and/or modification and/or variation of the Decree dated 7th July, 2005 and 11th July, 2005 as per prayer (a) above or to such extent as may be declared by this Hon’ble Court be certified on Decree dated 7th July 2005 and 11th July 2005 passed in Suit No. 567 of 2005;

(c) that this Hon’ble Court be pleased to declare that the Plaintiff has complied with his obligation under Clause No.6 and 8 of the Consent Terms dated 7th July, 2005 as adjusted and/or modified and/or varied;

(d) that this Hon’ble Court be pleased to direct the Respondent/ Garnishee to pay to the Plaintiff the amount of Rs.2,00,00,000/- alongwith accretions thereto from 1st January 2006 or such other date as this Hon’ble Court may deem fit and proper;

(e) that this Hon’ble Court be pleased to order and direct Defendant No.6 to forthwith handover to the Plaintiff, quiet, vacant and peaceful possession of the Service Industry land admeasuring 5245.83 sq. meters, more particularly described in the Schedule annexed hereto as Annexure-I;

(f) in the alternative to prayer (e) above, this Hon’ble Court be pleased to appoint the Court Receiver, High Court, Bombay as Receiver of the Service Industry land admeasuring 5245.83 sq. meters, more particularly described in the Schedule annexed hereto as Annexure-I with power to take possession thereof from whosoever found in possession and with a direction to handover the same to the Plaintiff forthwith;

(g) that upon receipt of the amount of Rs.2,00,00,000/- by the Plaintiff from the Respondent, this Hon’ble Court be pleased to certify the same on the Decree dated 7th July, 2005 / 11th July, 2005;

(h) that upon quiet, vacant and peaceful possession of Service Industry land being handed over to the Plaintiff, this Hon’ble Court be pleased to certify compliance of the Decree dated 7th July, 2005 / 11th July 2005 in so far as Respondent No.6 is concerned.”

2. The suit was filed for a declaration that the contract entered into between the Plaintiff and Defendant No.1 is valid, subsisting and binding upon Defendant Nos.1 to 5. Defendant Nos.2 to 5 are individuals. Defendant No.6 is the Mumbai Metropolitan Regional Development Authority (MMRDA). Defendant No.7 is the Union Bank of India and Defendant No.8 is the Bombay Municipal Corporation (BMC). The Respondents were at the material time the advocates of Defendant Nos.1 to 3 as well as the escrow agents appointed under the Consent Terms I shall refer to shortly.

3(A). It is not necessary to refer to the interlocutory proceedings taken out in the suit. By an order dated 7.7.2005, the suit was decreed in terms of the consent terms entered into between the Plaintiff and Defendant Nos.1 to 3. By the said order, Defendant Nos.6 to 8 were directed to provide all co-operation to enable the Plaintiff and Defendant Nos.1 to 3 to implement and act in pursuance of the decree. The matter was d