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2025 Supreme(Online)(Bom) 6419

BOMBAY HIGH COURT
Kamal Khata, J
Ashok Kumar Damani – Appellant
Versus
Yashashree Construction Co. – Respondent
CONTEMPT PETITION IN COMMERCIAL DIVISION MATTERS NO. 11 OF 2024 | NOTICE OF MOTION NO. 1548 OF 2018 | COMMERCIAL SUIT NO. 899 OF 2018



Advocates:
For the Appellants/Petitioners: Farhan Khan, Rubin Vakil, Rishit Vimadalal, Manish Doshi, Heena T., Isha Thakur, Dhaval Poriya
For the Respondents: Nitesh Agarwal, Meet Pandya

Consent terms executed by parties in contempt proceedings can be accepted by the court if they reflect true intentions and are lawful.

Headnote:This judgment pertains to a Contempt Petition and related motions concerning the execution of Consent Terms as per Order dated 11th August 2025. The parties affirmed their mutual consent, indicating cooperation without coercion. The Court accepted the terms, stating they reflect true intentions and are lawful. The court instructed that the Consent Terms be filed and managed appropriately. Consequently, all related actions are disposed of in alignment with this order.

Table of Content
1. parties have resolved disputes through consent. (Para 1)

CORAM : Kamal Khata, J.

DATED : 11th August 2025.

P.C.:-

1. The parties have resolved their disputes and executed the Consent Terms dated 11th August 2025. The parties are present in Court and their signatures on the Consent Terms Digitally signed by SUMEDH SUMEDH NAMDEO NAMDEO SONAWANE SONAWANEDate:

2025.08.18 +0530 Page 1 of 3 are identified by their respective Advocates. Parties affirm that they have read, understood and accepted the terms on their own free will, without any coercion or undue influence.

2. The Consent Terms tendered are taken on record and marked ‘X’ for identification with today’s date.

3. I am satisfied that the Consent Terms are in order, not contrary to law, and have been executed by the parties of their own volition, reflecting their true intentions.

4. The undertakings, if any, contained in the Consent Terms are accepted and treated as undertakings to the Court.

5. Court fees shall be refunded in accordance with the applicable Rules.

6. The Registry shall ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course.

7. Mr. Rajkumar Damani, Usha Chandak and others are not parties but have signed the consent terms and Respondent Nos.4, 7 and 8 have agreed to settle the dispute with them as specifically recorded in the Consent Terms.

8. The Contempt Petition, Notice of Motion and Commercial Suit stand disposed of in terms of Consent Terms. List the matter for reporting compliance on 2nd September 2025.

9. All concerned to act on an authenticated copy of this order.

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