1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2459 OF 1994 Shyam Construction Co. ....Plaintiff Versus M/s. E. H. Bros & Ors. ....Defendants Mr. Rajesh Datar, Advocate for the Plaintiff. Mr. A. J. Almeda, Advocate for Defendant No.5. Mr N. M. Shah, Advocate for Defendant No.12. CORAM : R. V. MORE, J. DATE : 12th MARCH, 2010. P.C. : Not on Board. Mentioned for urgent production. Production granted in view of urgency. 2. Mr. Datar, learned Counsel for the Plaintiff, at the outset seeks leave to delete the names of Defendant Nos. 1 to 4, 6 to 11 and 13 on instructions from partner of the Plaintiff, who is present before the Court. Leave granted at his own risk. 3. The Plaintiff, Defendant Nos. 5 & 12 have settled the dispute between them amicably out of Court and filed Consent Terms. The Consent Terms are signed by the partner of the Plaintiff, Defendant Nos. 5 & 12 alongwith their respective Counsel. The partner of the Plaintiff, Defendant Nos. 5 and Defendant No.12 are present before the Court and they admit contents of the Consent Terms. The undertaking given by the Plaintiff in clause nos. 18 & 20 of the Consent Terms is accepted. The Consent Terms are taken on record and marked as Exhibit “X” for identification. The suit is disposed of, in terms of Consent Terms. Decree be drawn up, accordingly. 2 4. It is expressly made clear that this Consent Terms are not binding upon Defendant Nos. 1 to 4, 6 to 11 and 13 and Order is passed without prejudice to their interest. 5. In view of the disposal of the suit, the notice of motion nos. 3074 and 4227 of 2008, will not survive and therefore, same are also disposed of. 6. Court fees to be refunded as per the Rules. 7. All the concerned parties shall act upon the copy of the order authenticated by the Associate of the Court. Sd/- (R. V. MORE, J.)