: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.3144 OF 2006 Praful M. Vora & Ors. .. Plaintiffs v/s. Espeejay Builders Pvt. Ltd. .. Defendants ........ Mr. Santosh Narwade i/by M.P. Vashi and Associates for plaintiffs. Mr. Chetan S. Kapadia i/by M/s. P.K. Shroff & Co. for defendant nos. 1 and 3. ........ CORAM : R.Y.GANOO, J. Dated : 18th March, 2010. P.C. : 1. Consent terms dated 10th February, 2010 between plaintiffs on one hand and defendant nos. 1 and 3 on the other are tendered in the Court. Consent Terms are signed by the plaintiffs as well as Director of defendant nos. 1 and 3. The consent terms are marked as “X” for identification. There shall be a decree in terms of the consent terms dated 10th February, 2010 between plaintiffs on one hand and defendant nos. 1 and 3 on the other. There shall be no order as to costs. Refund of Court fees is granted as per rules. : 2 : 2. Plaintiff nos.1 and 4 are present. Undertaking given and statements made by respective parties in the consent terms are accepted. Learned advocate for the plaintiffs admits having received Rs.8 lakhs as set out in the body of the consent terms. Learned advocate for the plaintiffs applies for withdrawal of the suit as against rest of the defendants. Suit is allowed to be withdrawn as against defendant nos.2,4 and 5. There shall be no order as to costs. It is clarified that the consent terms were prepared and they came to be signed by the advocate for the defendant nos. 1 and 3 on 10th February, 2010. Letter of Authority was signed by 20 persons on 12th December, 2009. Person by name Dharmendra Chudasama at item no.18 of Annexure-A to the consent terms was out of India and hence he could not sign the consent terms on 12th December, 2009 along with others. Fax copy of consent terms with the signature of Dharmendra Chudasama along with e-mail dated 20th February, 2010 is enclosed at pages 14A and 14B to the consent terms. Hence, there is no difficulty in accepting the consent terms. Suit stands disposed of in the above terms. Notice of Motion No.3850 of 2006 stands disposed of in view of the consent terms with no order as to costs. [R.Y.GANOO, J.]