1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO. 45 OF 2008 APPEAL FROM ORDER NO. 45 OF 2008 APPEAL FROM ORDER NO. 45 OF 2008 WITH CIVIL APPLICATION NO. 50 OF 2008 IN NOTICE OF MOTION NO. 2999 OF 2007 IN S.C.SUIT NO. 3238 OF 2007 SHREYASH VINOD NALAMAR ... APPELLANT (Orig. Defendant No.1) Versus SUNIL R. SHAH & Anr. ... RESPONDENTS (No.1 org. plff. & No.2 org. deft.No.2) Mr.R.R.Sharma, Advocate, for the appellant. Mr.N.V.walawalkar, Senior Counsel, a/w Shri Thakkar, Advocate, for respondent No.1. Mr. G.S.Godbole,Advocate, i/b. Mr. Shiren Shah, for respondent No.2. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE : 21st January, 2008 DATE : 21st January, 2008 DATE : 21st January, 2008 P.C. P.C. P.C. 1. After some discussion at the Bar, with consent of 2 the parties, the Appeal stands disposed of in the following terms :- (i) Mr. Walawalkar, learned Senior Counsel for respondent No.1-plaintiff makes a statement that the plaintiff gives an undertaking to this Court that he will give possession of the flat No.105 on the first floor of the building and having 544 sq. ft. carpet area as shown in the copy of the plan marked "X" and as per the area statement marked "Y" for the purpose of identification. He also gives an undertaking to get the plan sanctioned duly modified from the Municipal Corporation in terms of the plan marked "X". The undertaking is accepted. (ii) The appellant/defendant no.1 shall pay for the additional area of 100 sq. ft. as per the terms of the agreement entered into between the Society and the plaintiff. (iii) The defendant No.1/appellant shall enter into an agreement with respondent No.1 as per the terms already agreed between the plaintiff and the Society within three months from this date. 3 (iv) Mr. Godbole, learned Counsel for respondent No.2-Society makes a statement, on instructions from Mr. Chandrakant Chavan, Chairman of respondent No.2-Society that the Society shall drop the expulsion proceedings. (v) The defendant No.1/appellant, after execution of the agreement, shall withdraw all the criminal cases, if any, filed by him against the plaintiff or against the Society and till then he shall not prosecute the same. (vi) The parties shall withdraw the suits which have been filed against each other. (vii) The claim of the appellant/defendant No.1 to car parking shall be considered by the Society as per the policy or decision that may be taken by the Society in respect of all the members of the Society. (viii) As the premises of the appellant/defendant No.1 in the old building have been demolished under a panchnama, the articles of the appellant/defendant No.1 shall be given to him by the plaintiffs. 4 (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)