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2025 Supreme(Online)(SC) 2520

SUPREME COURT OF INDIA
NEELKAMAL REALTORS SUBURBAN PRIVATE LTD. VS. MANOJ GANGWANI



ITEM NO.41 COURT NO.7 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 1427/2024 [Arising out of impugned final judgment and order dated 28-07-2023 in SA No. 370/2023 passed by the High Court of Judicature at Bombay]

NEELKAMAL REALTORS SUBURBAN PRIVATE LTD. Petitioner(s)

VERSUS MANOJ GANGWANI & ORS. Respondent(s)

FOR ADMISSION and I.R. and IA No.20254/2024-CONDONATION OF DELAY IN FILING IA No. 20254/2024 - CONDONATION OF DELAY IN FILING IA No. 147503/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 22766/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES WITH Diary No(s). 6784/2024 (IX)

IA FOR CONDONATION OF DELAY IN FILING ON IA 51080/2024 FOR PERMISSION TO APPEAR AND ARGUE IN PERSON ON IA 56272/2024 IA No. 51080/2024 - CONDONATION OF DELAY IN FILING IA No. 56272/2024 - PERMISSION TO APPEAR AND ARGUE IN PERSON IA DIARY No. 95326/2025 Date : 17-04-2025 These matters were called on for hearing today.

CORAM :

HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) :Mr. Mahesh Agarwal, Adv.

Mr. Rishi Agrawala,, Adv.

Mr. Ankur Saigal, Adv.

Ms. S. Lakshmi Iyer, Adv.

Ms. Sukriti Bhatnagar, Adv.

Mr. E. C. Agrawala, AOR For Respondent(s) : Ms. Praveena Gautam, AOR Caveator-in-person, AOR UPON hearing the counsel the Court made the following Signa ture No t Ve rifi ed O R D E R Digitally signed by IA D. No. 95326/2025 in SLP (C) DIARY. No. 6784/2024 NEETU SACHDEVA Date: 2025.04.17 Reason:

Ms. S. Lakshmi Iyer, learned counsel for the petitioner(s)

submitted that insofar as the Special Leave Petition arising out of Second Appeal No.371/2023 filed by the petitioner(s) herein against respondnet nos.1 and 2/Mr. Praveen Harkawat and Mrs. Rina Harkawat is concerned, there has been an out-of-Court settlement arrived at between the petitioner(s) and the said respondent(s).

Annexure A-1 of the application filed by the petitioner for permission to file subsequent documents with affidavit is a copy of Consent Terms dated 05.04.2025 executed between the parties.

Learned counsel for the petitioner(s), therefore, submitted that the Special Leave Petition as against the said respondents may be disposed of. Further, no notice has been issued to the said parties but taking on record the Consent Terms, the Special Leave Petition as against the aforesaid respondents may be disposed of by following order dated 17.01.2025 passed by this Court wherein, in similar circumstances the Special Leave Petition as against the similarly situated respondents were earlier disposed of.

Taking note of the aforesaid submission and on perusal of Annexure A-1, copy of Consent Terms dated 05.04.2025 appended to the application filed by the petitioner for permission to file subsequent documents with affidavit, we dispose of the Special Leave Petition arising out of Second Appeal No.371/2023 in terms of the settlement arrived at with Mr. Praveen Harkawat and Mrs. Rina Harkawat.

Learned counsel for the petitioner(s) further submitted that in view of the settlement arrived at between the parties, Recovery Warrant bearing No.MahaRERA/AO-RW/Warrant/358/2024 issued by Addl Tahsildar Mira Bhyander pursuant to order dated 21.08.2018 passed in Complaint No.CC006000000055667 may not be pursued.

The submission of learned counsel for the petitioner is accepted.

In view of the settlement arrived at between the parties and in view of this order, further steps with regard to Recovery Warrant bearing No.MahaRERA/AO-RW/Warrant/358/2024 shall not be taken.

The application is allowed in the aforesaid terms.

Insofar as other respondents are concerned, the matter(s)

stands adjourned.

(NEETU SACHDEVA) (DIVYA BABBAR)

ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

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