1 SL2323.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. OF 2010 IN SUIT(Lodg.) NO. 2323 OF 2010 Varsha Harshad Doshi & Anr. ... Plaintiffs. V/s. Smt. Chandrika P. Shah & Anr. ... Defendants. Mr. S.C. Naidu with R.A. Rodrigues i/b. Mustafa Kachwala for the Plaintiffs. Mr. Sanjay Jain and Ms. Neha Choksi i/b. L.J. Law for the Defendants. CORAM : R.Y. GANOO, J. DATED : 6th AUGUST 2010. P.C. :- Some discussions took place as the matter was called out. Learned Counsels on both sides inform the Court that parties are trying to settle the matter. Time is over. There is no other matter which has remained to be called out. Learned Counsels on both sides requested the Court that if the matter is settled, the Court may grant indulgence to parties to put in terms beyond Court hours i.e. after 5.00 p.m. Hence, kept back. 2 SL2323.10.sxw 2. Learned Counsels are informed that the Court accepts that if the matter can be settled so that the matter can be taken up in Chamber. 3. After the aforesaid order was passed, parties have resolved to settle the matter. Since the Court time was over and since parties wanted to obtain consent decree today itself, looking to the importance of the matter by consent the matter was taken in Chamber at 5.35 p.m. 4. Consent terms dated today i.e. 6th August 2010 signed by both the Plaintiffs, Defendant No.2 and learned Counsel Ms. Neha Choksi for and on behalf of M/s. L.J. Law, Counsel for both the Defendants are tendered in the Court. Plaintiff No.1, Plaintiff No.2 and Defendant No.2 are present in the Court. 5. These Consent terms are shown to them. All of them know English. Hence, there is no need to explain and interpret the consent terms to them. All of them admit their respective signatures and pray for decree in terms of the Consent Terms be passed. Defendant No.2 and Counsels for both the Defendants before the Court state that today, Defendant No.1 is not available for tendering her signature as she is an old lady and she is unable to travel to the Court. Learned Counsel for both the Defendants states that Advocate Ms. Neha Choksi has full authority to sign as Advocate for both the Defendants on the Consent Terms and pray for decree in terms of Consent Terms. 3 SL2323.10.sxw 6. Consent terms as above are taken on record. They are marked as ‘X’ for identification. 7. There shall be a decree in terms of the Consent Terms dated 6th August 2010 with no order as to costs. Refund of Court fees is granted as per Rules. Undertakings if any, as set out in the Consent terms are accepted. 8. For the sake of convenience, learned Counsel for the Plaintiffs informed the Court that typed copy of these Consent terms shall be placed on record duly certified as true copy to enable the office to prepare final decree. 9. If full Court fees is paid, refund be made as per normal rules. If full Court fees is not paid, the Plaintiffs to pay deficit Court fees and then claim refund of Court fees. 10. Notice of Motion No. of 2010 is taken on record. Leave to take out the Motion is granted. 11. Learned Counsel for the Plaintiffs applies for withdrawal of this Motion in view of decree in the Suit. Request is granted. There shall be no order as to costs. (R.Y. GANOO, J.)