IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGNAL CIVIL JURISDICTION

Suit (L) no. 1642 of 2023
Deigo Gregory Mathias……………Plaintiff
v/s.
Dr. Amol Namdeo More and anthr….Defendants

CONSENT TERMS

WHEREAS:
1. By a registered Agreement for Sale dated 24th March, 2022
( wrongly titled as “ Sale Deed”), bearing registeration No. ed
at BBE-3 5201/2022, the Plaintiff agreed to sell to the
Defendants abovenamed, a residential flat no.24,admeasuring
around 51.11 sq. meters carpet area or thereabouts on second
floor of Warden Road Sunshine Cooperative Housing Ssociety
Dr. Rajab Ali Patel Lane , opp. Breach Candy Hospital,
Mumbai 400 026 ( hereinafter in this consent terms referred to
as the “ suit flat” ) for an agreed total consideration of Rs.
3,05,00,000/- (Three Crores and Five lakhs thousand only).

[2.] The Defendants have made only a part payment of Rs.

99,00,000/- ( Rupees Ninety Nine Lakhs only) to the Plaintiff
under the said sale agreement dated 24th march, 2022. The
Defendants are yet to pay balance consideration of Rs.
 206,00,000 to the Plaintiff . The possession of the suit flat is
still with Plaintiff and he has not delivered possession of the
suit flat to the Defendants under the said sale agreement dated
24th March, 2022 reasons more particularly set out as
hereunder:.

2.[3.] The Plaintiff had purchased the suit flat from one Mr. Ashit
Bhansali vide agreement dated 6th march, 2018.

[4.] Subsequent to the execution of the sale agreement in respect

of suit flat on 24th march, 2022, the Plaintiff discovered that
said predecessor in title of the Plaintiff, Mr. Ashit Bhansali
had sold the suit flat to another one Pritesh Salot vide
agreement dated 24th March, 2004 and , that the said Pritesh
Salot had availed credit facilities from State Bank of India upon
and had mortgage of the said d the suit flat. with State Bank
of India , The said that Mr. Salot having defaulted on his loan
repayment, in his loan liabilities the State Bank of India had
initiated filed recovery proceedings under against said Mr.
Salot being, Original Application no. 288 of 2008 before
Debt Recovery Tribunal, Mumbai. An order directing status
quo over the property is in force even as on date. and there was
a status quo order operating on the suit flat in the aforesaid
proceedings.
[5.]
3.[6.] In light of the aforesaid facts which have been discovered
by the Plaintiff subsequent to the execution of the agreement
of sale of suit flat with the Defendants, further performance of
the said agreement has been rendered frustrated and
impossible.

4.[7.] In view thereof, the Plaintiff returned the initial payment of

Rs.99 Lakhs received from the Defendant by RTGS transfer in
two parts on 2nd August 2022. The Defendants acknowledged
receipt of the monies. Copies of the refund in two tranches of
Rs.50 Lakh and Rs.49 Lakh each have been annexed to the
plaint at Exhibit C-Colly.

5. Plaintiff has filed the captioned suit against the Defendants

inter alia, for cancellation of the said agreement for sale dated
24th March, 2022 in respect of suit flat. The Plaintiff’s advocate
has addressed a letter dated 27th January, 2022 to the
Defendants forwarding copy of plaint in captioned suit.

6.[8.] The Plaintiff and the Defendants have held meetings to

discuss further course of action to be taken in regard to said
agreement for sale in respect of suit flat.

[9.] After careful consideration of the matter and due

deliberations, the Plaintiff and the Defendants are of the view
that since further performance of the sale agreement dated 24th
 March, 2022 has been rendered frustrated and impossible due
to third party interest/rights created in respect of suit flat by
the predecessor in interest of Plaintiff, Mr. Ashit Bhansali in
2004 and also due to the status quo order in respect of suit flat
passed by Hon’ble Debt Recovery Tribunal in OA 288 of 2008
which is referred to in clause (4) above, the sale agreement
between the instant parties be cancelled.

7.[10.] In the aforesaid facts and circumstances, the Plaintiff and

Defendants have mutually decided to cancel the said sale
agreement dated 24th March, 2022 in respect of suit flat on
following terms and conditions :

[a.] It is hereby ordered and decreed that it is hereby

declared that the registered sale agreement dated 24th
March, 2022 (which is wrongly titled as “ Sale
Deed”) registered at BBE3 5201/2022, entered
between Plaintiff and Defendants in respect of
residential flat no 24,admeasuring around 51.11 sq.
meters carpet area or thereabouts on second floor of
Warden Road Sunshine Cooperative Housing society
Dr. Rajab Ali Patel Lane , opp. Breach Candy
Hospital, Mumbai 400 026 , and which agreement is
annexed as Ex. “A” to this consent terms is hereby
cancelled with immediate effect;
[b.] Plaintiff and Defendants hereby declare, confirm and
record that the possession of the suit flat, i.e., flat no
24,admeasuring around 51.11 sq. meters carpet area
or thereabouts on second floor of Warden Road
Sunshine Cooperative Housing society Dr. Rajab Ali
Patel Lane , opp. Breach Candy Hospital, Mumbai
400 026 , is still with the Plaintiff and that, the
Plaintiff has never been given possession of the said
suit flat to the Defendants and the entire sales
consideration has not been paid by the Defendants to
Plaintiffs under the said agreement for sale dated 24th
March, 2022 ( Ex. “ A” hereto)

[c.] It is hereby declared that no right , title and interest

whatsoever has been transferred and/or created in
favour of Defendants under the said sale agreement
dated 24th March , 2022 (Exhibit “A” hereto )
irrespective of nomenclature used therein as the sale
consideration has not been paid in full and the
possession has also not passed to the Defendants.
the possession of suit flat has never been given to the
Defendants by the Plaintiff and as the entire sales
consideration has not been paid by the Defendants to
the Plaintiff under the said sale agreement dated 24th
March,2022 ( Ex. “A” hereto)
[d.]
[e.] The Plaintiff has already refunded shall refund to
the Defendants the part payment received from the
latter on 2nd August 2022 made by Defendants under
said sale agreement dated 24th March, 2022 ( Ex. “A”
hereto ) amounting to Rs. 99,00,000 ( Rs. Ninety
Nine Lakh only). The Defendants have accepted
receipt thereof. The Defendant confirms that no
further claims towards the Plaintiff lie in this regard.
on or before execution of the consent terms. ( Receipt
of which the Defendants hereby doth acknowledge)
[f.]
[g.] The Plaintiff and the Defendants agree that they will
execute a formal Deed of Cancellation cancelling the
said sale agreement dated 24th March, 2022 ( Ex. “A”
hereto) and have it get the same get duly registered
with the sub Registrar of Assurances within two 2
weeks of filing this consent terms
[h.] It is hereby declared that the Defendants shall be
entitled to refund of stamp duty paid at the time of
registration of agreement for sale dated 243th march,
2022 ( Ex “A” hereto) as per rules applicable for the
time being in force. on registering the Deed of
Cancellation referred to para (e) above
a.[i.] Decree be drawn up accordingly
b.[j.] Refund of court fees as per High Court rules.
 c.[k.] Defendants waive service of writ of summons and
Plaintiff shall finally number the captioned suit

Signature of Plaintiff Signature of Defendants

Represented through his Constituted Attorney

Mr.Manohar Kotian vide Power of Attorney dated …..

Identiifed by Identified by

Pan India Legal Services, Suneet Moholkar

Advocate for the Plaintiffs. Advocates for the Defendants