1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1213 OF 2008 M/s.Pawar Promoters Builders and Developers & Ors. .. Petitioners Versus Sheth Developers Pvt.Ltd. .. Respondents Mr.P.S.Gidwani for petitioners Mr.Shekhar Shetye and Ramesh Gajaria i/b.Gajaria & Co. for respondents. CORAM : S.C.DHARMADHIKARI, J. DATE : 5th March 2008 P.C. . Leave to amend. Consent terms duly signed by respective parties and their Advocates are taken on record and marked "X" for identification. 2. Petitioners who are original defendants had challenged the order passed by the trial court on an application purported to be filed 2 under Order 38 Rule 5 of the C.P.C. by the respondent original plaintiff. 3. During the course of arguments, both sides took time to amicably resolve the matter. Accordingly, consent terms are drafted. After approval by the respondents and the petitioners they are finalised and filed in Court. Same are signed by each of the petitioner who are original defendants and their Advocates. Petitioners are present in court. Respondent original plaintiff is a company and there is resolution, a copy of which has been annexed to the consent terms, duly approving the same. On behalf of the petitioners, there is power of attorney in favour of petitioner No.2 who has signed the same so also the other petitioners. The power of attorney authorises petitioner No.2 to sign and file consent terms. Copy of power of attorney is taken on record. 3 4. There is a decree on admission in the sum specified in clause 2 of the consent terms and the same has to be paid in the manner set out therein. Upon payment, the decree would be marked fully satisfied. Upon default, consequences are provided in clause 4, inasmuch as the entire decretal sum would then become payable and the respondents would be entitled to recover the same in accordance with law. There are undertakings provided in clauses 2 and 5 and the same are accepted. Consequences flowing from the consent terms are that each of the criminal case which are filed and pending in the Courts mentioned in clause 6 would stand disposed of. 5. Both sides have agreed to these terms willingly and without any pressure or force. They confirm the clauses and arrangement therein. They have fully understood the implications of the same as well. Order in terms of consent terms. Petition disposed of accordingly. 4 (S.C.Dharmadhikari, J)