1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.3262 OF 2007 WITH NOTICE OF MOTION NO.4573 OF 2007 Mayfair Housing Pvt. Ltd. ...Plaintiff. Vs. the Borivali Tulsibaug Co-operative Housing Society & Ors. ...Defendants. .... Mr. Rohit Kapadia, Senior Advocate with Mr. Yash Kapadia, Mr. Sanjay Jain, Ms.Deepa Mani, Ms. Tasneem A. Saria and Mr. Rajesh Ghadge i/b. M/s. S.K. Srivastav & Co. for the Plaintiff. Mr.Dipen Merchant, Senior Advocate with Mr. P.M. Shah for Defendant No.1. Mr. P.M. Jani for Defendant No.2. Mr. R.A. Shah with Ms. Rashmi Sawant and Ms. Poorvi Asher i/b. Mansukhlal Hiralal & Co. for Defendant Nos.3 and 4. Mr. Harish Bhatia for Defendant No.5. Mr. S.U. Kamdar with Mr. Anil Yadav i/b. Mr. Dhanesh R. Shah for Defendant Nos.6 and 7. Mr. Sanjeev R. Singh for Defendant No.8. ..... CORAM : DR.D.Y.CHANDRACHUD, J. October 23, 2008. P.C. During the course of the hearing of the Notice of Motion, Learned Counsel appearing on behalf of the contesting parties informed the Court that it was in the interests of justice that an effort 2 be made to resolve the dispute amicably and accordingly several adjournments were granted to the parties to enable them to explore the possibility of a settlement. Consent Terms have now been arrived at between the parties which have been signed by parties and by their respective Advocates. The Consent Terms are taken on record and marked “X”. The undertakings contained therein are accepted. It has also been agreed before the Court that the Co-operative Housing Society (the First Defendant) shall enter into an individual registered agreement with each member, at the option of the member, in respect of which all the costs and expenses shall be borne by the member concerned and to which the developer (the Plaintiff) shall be a confirming party. Counsel appearing on behalf of the Plaintiff stated before the Court that no third party rights have been created in respect of all types of Car parking areas and the terrace and that no third party rights shall be created in respect of the aforesaid areas. It is, however, clarified by consent that the aforesaid restraint shall not apply to the allotment of the Car parking spaces by the Co-operative 3 Housing Society to the new purchasers. Since the dispute has been settled, there shall be a decree and order in terms of the Consent Terms. Parties have agreed that necessary steps shall be taken to register the decree in accordance with law. The suit shall accordingly stand disposed of. Decree to be drawn expeditiously. In view of the disposal of the suit, the Notice of Motion shall stand disposed of. ......