1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 841 OF 2009 WITH NOTICE OF MOTION NO. 3927 OF 2008 Rasan Infocom Pvt.Ltd........Plaintiffs versus Shoppers' Stop Ltd. & anr........Defendants. Mr. Nikhil Rajani i/b.M/s.V.Deshpande & Co. adv. for the Plaintiffs Mr. Pervez Bapuna i/b.M/s.Wadia Gandhi & Co. adv. for the Defendant no.1. CORAM: A. P. DESHPANDE, J. DATED : 17th APRIL, 2009. P.C.: 1. The learned counsel for the plaintiff and the defendant no.1 have placed on record consent terms in between the plaintiff and the first defendant. The consent terms are duly signed by the plaintiff and the defendant no.1 so also their advocates. The parties are present in the court and they admit the consent terms to be true and correct. The learned counsel for the plaintiff submits that if the suit is disposed of in consent terms filed on record duly signed by the plaintiff and the defendant no.1, the plaintiff would be withdrawing the suit against defendant no.2. A joint prayer is made for disposal of the suit in consent terms. In that view of the matter, consent terms are taken on record and 2 marked as `X' for identification. Permission sought by the learned counsel for the plaintiff for withdrawing the suit against defendat no.2 is granted. The suit stands disposed of in consent terms against defendant no.1 whereas the suit stands dismissed as withdrawn against defendant no.2. The plaintiff shall be entitled to refund of court fees as permissible under the rules. In view of the disposal of suit, notice of motion does not survive and stands disposed of. (A. P. DESHPANDE, J.)