LAWS(BOM)-2023-6-654

ERA REALTORS PVT. LTD. Vs. SABHAJIT RAMYASH YADAV

Decided On June 15, 2023
Era Realtors Pvt. Ltd. Appellant
V/S
Sabhajit Ramyash Yadav Respondents

JUDGEMENT

(1.) In the Second Appeal, the challenge is to the legality and validity of the judgment and order dtd. 6/2/2023 passed by the Maharashtra Real Estate Appellate Tribunal, Mumbai in Appeal No.AT006000000053259. The learned Appellate Tribunal passed the following operative order :-

(2.) Mr. Rohit Lalwani, learned counsel appearing for the Appellants and Mr. Shrey Fatterpekar, learned counsel appearing for the Respondents state that the parties have arrived at settlement. They tender Consent Terms. The Consent Terms are signed by the authorised representative of the Appellant No.1 and Appellant No.2. The Resolution passed by the Board of Directors of Appellant No.1 and Appellant No.2 is annexed from pages 7 to 10 of the Consent Terms. By the said Resolution, inter-alia, Mohhamad Shahid Raza has been authorised to sign the Consent Terms. Said Mohhamad Raza is present in Court and he states that the dispute in the Second Appeal between the parties is settled in terms of the Consent Terms. He admits the terms mentioned in the Consent Terms. Learned Advocate appearing for the Respondent Nos.1 and 2 have also signed the Consent Terms and the learned Advocate identifies the signature of said authorized signatory Mr. Mohhamad Raza.

(3.) Respondent No.1 has executed Power of Attorney dtd. 31/1/2017 in favour of his wife i.e. Respondent No.2 - Geeta Sabhajit Yadav who is personally present in the Court. She also states that the dispute in Second Appeal has been amicably resolved in terms of the Consent Terms. She has also signed the Consent Terms on behalf of the Respondent No.1 as well as on her own behalf. Learned advocate appearing for the Respondent Nos.1 and 2 has also signed the Consent Terms. He identifies the signature of Respondent No.2.