Transcon Developers Pvt. Ltd. v. Transcon Skycity Pvt. Ltd.

901-COMS(L)-21024-2025.docxIN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONCOMMERCIAL SUIT (L) NO. 21024 OF 20251.Transcon Developers Pvt. Ltd. A company incorporated under theprovisions of the Companied Act, 1956,having its registered office at TransconTriumph, CTS No. 720 (Pt), OshiwaraVillage, Veera Desai Rd, Near OberoiSprings, Off New Link Rd, AndheriWest, Mumbai -400 053.2.Transcon Skycity Pvt. Ltd. A company incorporated under theprovisions of the Companies Act, 1956,having its registered office at 622B/1,Goshala Compound, L.B.S Marg,Mulund (west), Mumbai – 400 080.3.PK Fortunes LLPA limited liability partnership firmincorporated under the provisions of theLimited Liability Partnership Act, 2008,having its registered office at 202, C-wing, Waterford Building, Above NavnitMotors, C D Barfiwala Lane, Andheri(West) Mumbai 400 058.4.Alleato Mercantiles LLPA limited liability partnership firmincorporated under the provisions of theLimited Liability Partnership Act, 2008,having its registered office at TransconTriumph, CTS No. 704, Veera DesaiRoad, Oshiwara Village, Andheri(West.) Mumbai – 400 053.1/9Swapnil 901-COMS(L)-21024-2025.docx5.Transcon Bellaria LLPA limited liability partnership firmincorporated under the provisions of theLimited Liability Partnership Act, 2008,having its registered office at 302, C-wing, Waterford Building, Above NavnitMotors, C D Barfiwala Lane, Andheri(West) Mumbai 400 058. 6.Ascencio Realtors LLPA limited liability partnership firmincoroporated under the provisions ofthe Limited Liability Partnership Act,2008, having its registered office at 802,Plot 12, Nutan-Laxmi CHS Ltd, N S Rd10, JVPD Vile Parle (West), Above AxisBank, Mumbai-400 056. ...Plaintiffs VS.1.Anchor Point Developer Pvt. Ltd. Formerly known as SKS Infrabuild Pvt.Ltd., a company incorporated under theprovisions of the Companies Act, 2013having its registered office at 501B,Elegant Business Park, Andheri KurlaRoad, J. B. Nagar, Andheri (East),Mumbai City, Mumbai-400 059.2.Nismaaya Infrabuild LLP. A limited liability partnership firmincorporated under the provisions of theLimited Liability Partnership Act, 2008,having its registered office at 501B,Elegant Business Park, Andheri KurlaRoad, J. B. Nagar, Andheri (East),Mumbai City, Mumbai-400 059.2/9 901-COMS(L)-21024-2025.docx3.Nirmohaaya Infrabuild LLP.A limited liability partnership firmincoroporated under the provisions ofthe Limited Liability Partnership Act,2008, having its registered office at501B, Elegant Business Park, AndheriKurla Road, J. B. Nagar, Andheri (East),Mumbai City, Mumbai-400 059.4.Mr. Anil Gupta An Adult Indian inhabitant, having hisofficer address at 501B, ElegantBusiness Park, Andheri Kurla Road, J.B. Nagar, Andheri East, Mumbai City,Mumbai, Maharashtra J.B. Nagar,Mumbai, 400059 and 3B, SatraSignature, Gulmohar Cross Road, VileParle (West), Juhu, Mumbai-400 049.5.Mr. Anish GuptaAn adult Indian Inhabitant, years,having his office address at 501B,Elegant Business Park, Andheri KurlaRoad, J. B. Nagar, Andheri East,Mumbai City, Mumbai, Maharashtra, J.B. Nagar, Mumbai, Mumbai, 400 059and 3B, Satra Signature, GulmoharCross Road, Vile Parle (West), Juhu,Mumbai- 400 049.6.Yukti Infraprojects LLP. A limited liability partnership firmincorporated under the provisions of theLimited Liability Partnership Act, 2008,having its registered office at 501B,Elegant Business Park, Andheri KurlaRoad, J. B. Nagar, Andheri East, J.B.Nagar, Mumbai, Mumbai-400 059.3/9 901-COMS(L)-21024-2025.docx7.Greenfinity Developers LLP. A limited liability partnership firmincorporated under the provisions of theLimited Liability Partnership Act, 2008,having its registered office at C-109,Hind Saurashtra Industrial Estate,Andheri East, Mumbai, Marol Naka,Mumbai, Mumbai- 400 059.8.Mr. Hemanshu MehtaAn Adult Indian inhabitant, aged 61years, having his office address at 401,glen Eagle Building Mhada ColonyOpposite Irla Masjid Parle West,Mumbai. 9.Mrs. Sangeeta Anil Gupta.An Adult Indian inhabitant, having heroffice address at 501B, ElegantBusiness Park, Andheri Kurla Road, J.B. Nagar, Andheri East, Mumbai City,Mumbai, Maharashtra, J. B. Nagar,Mumbai, Mumbai – 400 059.10.Mrs. Kirti Kedia An adult Indian inhabitant, aged 62years, having his office address at 302,C Wing, Waterford Building, AboveNavnit Motors, C S Barfiwala Lane,Andheri (West), Mumbai – 400 058.11.Tapas Business Advisory PrivateLimited. A Company registered underthe Companies Act, 2013 having itsoffice at Unit No. C-109, 85/89, M. V.Road, Hind Saurashtra IndustrialEstate, Marol Naka, Andheri (East),Mumbai 400 059.… Defendants4/9 901-COMS(L)-21024-2025.docxWITHSUITS NO. 126 OF 20251.Anchor Point Developers PrivateLimited. (Earstwhile SKS InfrabuildPrivate Limited) 501B, ElegantBusiness Park, Andheri Kurla Road, J.B. Nagar, Andheri (East),Mumbai- 400059.2.Nirmohaaya Infrabuild LLP501B, Elegant Business Park, AndheriKurla Road, J. B. Nagar, Andheri(East), Mumbai – 400059. … plaintiffs VS.1.Om Samruddhi Sites Private Limited. Unit No. C-109, Hind SaurashtraIndustrial Estate, Andheri East,Mumbai – 400 0592.PK Fortunes LLP. C-302, 3rd Floor, Waterford Bldg, JuhuGalli, Above Navnit Motors, Andheri(West), Mumbai – 400058.3.Transcon Bellaria LLP.302, Wing “V”, Waterford Building,Above Navnit Motors, C. D. BarfiwalaLand, Andheri (W), Mumbai-400058.4.Green Park Co-operative HousingSociety Ltd. Link Road, Mith Chowky, Malad (W),Mumbai 400064. ...DefendantsMr. Yash Momaya, Ms. Nupur Desai, Mr. Dhir Pandit i/b. ILLegal for the plaintiffs in COMS(L) No. 21024 of 2025 and for5/9 901-COMS(L)-21024-2025.docxdefendant nos. 1 to 3 in Suit No. 126 of 2025.Mr. Ritesh K. Jain a/w. Mr. Kalpesh Bandra a/w. Mr.Krishkumar A. Jain for defendant nos. 10 and 11 in COMS(L)No. 21024 of 2025.Jitendra Jain (through V.C.) for defendant no.8. Mr. Abhishek Kothari a/w. Mr. Avesh Ganja i/b. Satyaki LawAssociates for defendant no.6 in COMS (L) No. 21024 of2025.Ms. Bhavya R. Shah a/w. Mr. Yash Chheda and Mr. NivitSrivastava i/b. Maniar Srivastava Associates for defendantno.2 in COMS (L) No. 21024 of 2025.CORAM :GAURI GODSE, J.DATE :28th JANUARY 2026ORDER :1.As per the administrative order, the regular suit isassigned to this court, to be heard along with commercialsuit.2.Learned counsels for the parties have tenderedconsent terms dated 24th December 2025 which is dulynotorized. 3.Learned counsels for the parties submit that the partieshave amicably settled the dispute which is subject matter ofboth the suits and they have signed the settlementagreement dated 24th December 2025. The true copy of the6/9 901-COMS(L)-21024-2025.docxsettlement agreement is annexed as Exhibit B to the consentterms. They submit that the original settlement agreement isto be submitted before the Apex Court in the pending appeal.The parties have agreed to settle the dispute in both the suitsin terms of the settlement agreement.4.In the commercial suit, defendant no.11 is proposed tobe added in view of the terms agreed in the consent terms.Learned counsel for the plaintiff in the commercial suit hastendered the draft amendment which is taken on record. Heseeks leave to amend the suit in terms of the draftamendment. In view of the settlement between the parties,amendment is allowed in terms of the draft amendment.Amendment to be carried out within two weeks. Since, theamendment is pursuant to the settlement agreementbetween the parties reverification is dispensed with. 5.Learned counsels for the parties submit that exceptdefendant no.4 in Suit No. 126 of 2025 all the partiesincluding the added defendant no.11 in the commercial suithave signed the consent terms. The consent terms are alsosigned by the respective advocates for the parties. Theyfurther submit that all the signatories have joined through7/9 901-COMS(L)-21024-2025.docxvideo conferencing. The parties who have joined throughvideo conferencing, admit their signatures and thecorrectness of the contents of the consent terms. All thesignatories are identified by the respective advocates. 6.Learned counsels for the parties submit that thesettlement agreement and the consent terms would not affectin any manner the rights of defendant no.4 in Suit No. 126 of2025. Learned counsel for the plaintiff in Suit No. 126 of2025, therefore, seeks leave to withdraw the suit as againstdefendant no.4. Leave granted. 7.Suit No. 126 of 2025 is dismissed as withdrawn asagainst defendant No.4.8.I have perused the consent terms and the settlementagreement. The terms of the consent terms are in confirmitywith the settlement agreement. Learned counsels for theparties submit that the settlement terms were tenderedbefore the learned mediator and the copy of the settlementagreement along with the mediation report is forwarded tothe Apex Court. The parties have agreed to produce theoriginal settlement agreement before the Apex Court.Learned counsels for the parties submit that all the authority8/9 901-COMS(L)-21024-2025.docxletters of the signatories are annexed to the consent terms. 9.The consent terms dated 24th December 2025 is takenon record and marked as ‘X’ with today’s date foridentification. 10.It is clarified that the consent terms and this orderpassed in terms of the consent terms would not be bindingupon the defendant no.4 in the regular suit. 11.The assurances and undertakings recorded in theconsent terms and the settlement agreement are acceptedas undertakings to this court. Both the suits are disposed ofin terms of the consent terms. 12.In view of paragraph 12.4 of the settlement agreementread with paragraph 6 of the consent terms, this orderalongwith the consent terms shall be treated as enforceabledecree. Hence, formal drawing up of the decree is dispensedwith. 13.The parties are at liberty to apply for refund of courtfees as permissible under the rules. [GAURI GODSE, J.]9/9