1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 472 OF 2005 Inox Air Products Ltd. ...Plaintiffs Vs. Central Bank of India & Ors. ...Defendants Mr.Shyam Mehta i/b. Malvi Ranchoddas & Co. Advocate for Plaintiff Mr. K.K.Jadhav, Advocate for Defendant No.1 Mr. Anil Agarwal, Advocate for Defendant Nos.2 to 9 CORAM : SMT. ROSHAN DALVI, J. DATED : 15TH MARCH, 2010 P.C. : 1. The Defendant No.1 is the Escrow Agent under the Escrow Agreement for which the declaration of it being valid, subsisting and binding upon all the Defendants including the Defendant No.1 is claimed by the Plaintiff in prayer clause (a) of the Suit. All the parties agree that the agreement is executed and is subsisting between them. The suit is, therefore, made absolute in terms of prayer clause (a) upon the admission of the parties. 2 2. The Defendant No.1 as the Escrow Agent, is to be ordered and directed to discharge its duty as such Escrow Agent under the admitted Escrow Agreement Exhibit-C to the plaint in accordance with the terms and conditions recorded therein. The Defendant No.1 agrees to abide by the terms and conditions. It is clarified that the Defendant No.1 shall do nothing other than what are its obligations under the terms and conditions mentioned in the Escrow Agreement. Since Defendant No.1 agrees to abide by the terms and conditions the suit is also made absolute in terms of prayer clause (b). 3. The Advocate on behalf of Defendant Nos.2 to 9 confirms the execution of the Escrow Agreement, its terms and conditions and the obligation of Defendant No.1 thereunder also. 4. It is clarified that all the parties agree that at present Rs.81,67,241/-is the amount lying in Escrow with Defendant No.1 Bank as an Escrow Agent. 5. The suit is, therefore, decreed as prayed. (SMT. ROSHAN DALVI, J.)