1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1185 OF 2007 M/s M.L. Developers .. Plaintiff V/s Premilabai R. Patil & Ors. .. Defendants Mr.S.V. Doijode with Ms.Falguni Thakkar i/b Doijode Associates for the plaintiff. Mr.Kalpesh mehta i/b Pravin Mehta & Mithi & Co. for defendant no.11. Ms. S. D’Mello i/b Mr.M.S. D’Melo for defendant nos.8 and 9. CORAM : D.G. KARNIK, J. DATE : 6TH MAY 2009 P.C. : 1. Learned counsel for the plaintiff states that the plaintiff does not wish to proceed with the suit against the defendant nos.1 to 7, 9, 10 and 12. 2 2. The suit against defendant nos.1 to 7, 9, 10 and 12 is dismissed for non-prosecution. 3. Learned counsel for the plaintiff and defendant nos.8 & 11 hand in Consent Terms. The Consent Terms are signed by the defendant nos.8 and 11 who are personally present in Court and are identified by their respective advocates. They admit their signatures and the contents. 4. The Consent Terms are also signed on behalf of the plaintiff- partnership firm by Ashok Talreja, Mukesh L. Talreja, Ms.Manjari L. Rupani, Varun D. Chhabria and Sagar D. Chhabria, all of whom are present in Court and admit their signatures. The signatories are identified by their advocate. 5. The counsel for the plaintiff also tenders two letters of authority; first given by Manish L. Rupani and the second given by the four other partners of the plaintiff, namely Gopal Ramdas Chawla, Mrs. Shaku Gopal Chawla, Rajesh Gopal Chawla and Dinesh Gopal Chawla, authorising one of the partners, i.e. Ashok L. Talreja, to sign the Consent Terms. Counsel for the plaintiff states that the 5 signatories to the Consent Terms and the 5 other partners who have given the consent as mentioned above are the only 10 partners of the plaintiff firm and there are no other partners. He 3 further states that the Mr. Ashok Talreja, who has signed the Consent Terms, has an authority to sign the Consent Terms on behalf of the plaintiff firm. 6. The Consent Terms are taken on record and marked “X” for identification. The two letters of authority mentioned above are also taken on record and marked “Y” and “Z’ respectively for identification. Undertakings in the Consent Terms are accepted. 7. There shall be order in terms of the Consent Terms. (D.G. KARNIK, J.)