-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Suit no.3014 of 2005 1. M/s Meghal Homes Pvt.Ltd. and another ..Plaintiffs vs. 1.Rangnath Basudev Somani & ors. ..Defendants Mr.Mukul Tally i/b S.Mohomed Bhai and Co. for plaintiffs. (Mr.Bakulesh Shah plaintiff no.2 present in person.) Mr.D.Madon i/b Dave and Co. for defendant no.1. Power of attorney of defendant no.1 present. Mr.Hetal Thakore for defendant no.2 and 3 (Mr.Lodha, PoA holder for defendantno.2 and 3 present) Mr.Cyrus Ardeshir with Mr.Rahul Dwarkadas i/b Wadia Ghandy and Co. for defendant no.5. (Mr.Sunil Shukla, authorised signatory present). CORAM S.J.KATHAWALLA J. CORAM S.J.KATHAWALLA J. CORAM S.J.KATHAWALLA J. 2nd May, 2008 2nd May, 2008 2nd May, 2008 P.C. P.C. P.C. . Mentioned. Not on board. 2. M/s Adinath Byuilders are allowed to be joined as party defendant no.5 to the suit. The plaintiffs to carry out the amendments on or before 4th May, 2009. 3. The learned Advocates for the parties have submitted that they intend to get the suit disposed of in terms of the minutes of order dated 2nd May, 2009. They have accordingly submitted the minutes of order dated 2nd May, -2- 2009 which are taken on record and marked "X" for identification. The minutes of order are signed by the plaintiffs, defendant nos.1,2,3 and 5 and their respective Advocates. Defendant no.4 who is a practicing Advocate and Solicitor has held certain shares in escrow for the parties. It is agreed by and between the parties in paragraph 16 of the minutes of the order that the defendant no.4 shall immediately release the shares and all related documents lying with him in terms of the Memorandum of Understanding (MoU) dated 11th October, 1994 and/or in terms of the letter dated 29th November, 1994, in favour of defendant no.5 or in favour of its nominee. Defendant no.4 has, therefore, not signed the consent minutes of the order. Director of plaintiff no.1 Mr.Bakulesh Shah who is also plaintiff no.2 is present in Court. Mr.Lodha, Constituted Attrorney of defendant nos.1,2 and 3 and Mr.Shukla, Constituted Attorneyfordefendant no.5 are also present in Court. They have informed the Court that they have signed the minutes of order as power of Attorney Holders of plaintiff no.1, defendant nos. 1 to 3 and defendant no.5 respectively without any force, fraud or coercion. The undertakings contained in clauses 8, 9, 10 and 13 of the minutes of order are accepted. -3- 4. In view of the above, the suit is disposed of in terms of the minutes of order at X. There shall be no order as to costs. Refund of court fees as per rules. (S.J.KATHAWALLA J.) (S.J.KATHAWALLA J.) (S.J.KATHAWALLA J.)