IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOs. 4147-4148 OF 2022 [@ SPECIAL LEAVE PETITION (C) NOS. 2137-2138 OF 2022]

M/S GUJARAT REALTORS & ANR. Appellant(s)

VERSUS

M/S SEVEN ELEVN CONSTRUCTION PVT. LTD. Respondent(s)

O R D E R

Leave granted.

The appellants – Defendant Nos. 7 and 9 are in appeals before this Court, aggrieved against an order passed by the High Court admitting the First Appeal of the plaintiff-respondent and granting ad-interim relief in terms of prayer clause (a) of Interim Application No. 3573 of 2021.

The plaintiff-respondent filed a suit which was decided by way of a settlement dated 11.03.2019. However, there was a mistake in the order passed by the Court, which led the plaintiff to file an application for correction of the consent terms. A revised consent terms were recorded on 10.01.2020, which were signed by the parties.

However, while passing the decree in terms of the consent terms, the trial court instead of passing a decree in terms of the amended consent terms, passed an order which created some confusion and hence, led to the dispute before this Court.

We find that it would have been appropriate for the trial court to pass a decree in terms of the amended consent terms rather than to add, substitute or modify any language of the consent terms agreed.

In view of the said fact, the order passed by the trial court on 11.03.2020 is set aside. The matter is remitted back to the trial court to pass a decree in terms of the amended consent terms dated 10.01.2020.

In view of above, the civil appeals are disposed of.

The parties agree that consequent upon the order passed above, the appeal and the order passed by the High Court has rendered infructuous. The same are thus set aside as such.

Pending interlocutory application(s), if any, is/are disposed of.

.......................J. [ HEMANT GUPTA ]

.......................J. [ V. RAMASUBRAMANIAN ]

New Delhi; MAY 18, 2022. 2

ITEM NO.14 COURT NO.10 SECTION III

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (C) Nos. 2137-2138 of 2022

(Arising out of impugned final Judgment and order dated 29.11.2021 in AFO No. 466/2021 and Interim Application No. 3573 of 2021 in Appeal From Order No. 466/2021 passed by the High Court of Judicature at Bombay)

M/S GUJARAT REALTORS & ANR. Appellant(s)

VERSUS

M/S SEVEN ELEVN CONSTRUCTION PVT. LTD. Respondent(s)

(IA No. 19982/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 18-05-2022 These matters were called on for hearing today.

• CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
• For Appellant(s) Mr. Vinay Navare, Sr. Adv. Mr. Mehul M. Gupta, Adv. Mr. R. P. Gupta, AOR
• For Respondent(s) Ms. Meenakshi Arora, Sr. Adv. Mr. Sandeep Sudhakar Deshmukh, AOR

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The Civil Appeals are disposed of in terms of the signed order.

Pending interlocutory application(s), if any, is/are disposed of.

(JAYANT KUMAR ARORA) (RENU BALA GAMBHIR) COURT MASTER COURT MASTER

(Signed order is placed on the file)