1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO.57 OF 2009 IN SUMMARY SUIT NO.3492 OF 2003 Nitin V. Palany ..... Plaintiff. V/s Atul H. Thakkar & Anr. ..... Defendants. Mr. Sanjay Udeshi i/b M/s Sanjay Ueshi & Co. for plaintiff. Ms. Seema Gupta i/b Mr. A.M. Saraogi for defendants. ALONGWITH CHAMBER SUMMONS NO.818 OF 2009 IN SUMMARY SUIT NO.3492 OF 2003 Nitin V. Palany ..... Plaintiff. V/s Atul H. Thakkar & Anr. ..... Defendants. And Shri Bharat H. Thakkar ..... Applicant. Mr. Sanjay Udeshi i/b M/s Sanjay Ueshi & Co. for plaintiff. Ms. Seema Gupta i/b Mr. A.M. Saraogi for defendants. Mr. H.H. Nagi for applicant in Chamber Summons No.818 of 2009. 2 CORAM: V. M. KANADE, J. DATE : 14TH JANUARY, 2010 P.C.:- 1. Parties have resolved their dispute. They have filed the Consent Terms which are taken on record and marked “X” for the purpose of identification. The Consent Terms are signed by plaintiff and Defendant Nos. 1 and 2 and by their respective advocates. 2. All parties are present in Court. 3. Execution Application is disposed of in terms of the Consent Terms. Decree accordingly stands discharged and plaintiff and defendants shall have no claims against each other. Undertaking given by Defendants in para 1 and by plaintiff in paras 2 and 3 of the Consent Terms is accepted. 4. Plaintiff would be entitled to refund of court fees as per rules. 5. In view of these Consent Terms, Counsel for applicant seeks permission to withdraw this Chamber Summons. Chamber Summons is allowed to be withdrawn and disposed of. (V.M. KANADE, J.) 3