*1* S-3008-08-NMS-Group.sxw Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.3008 OF 2008 ALONG WITH NOTICE OF MOTION NO.3682 OF 2008 WITH NOTICE OF MOTION NO.4183 OF 2008 WITH NOTICE OF MOTION NO.619 OF 2011 WITH NOTICE OF MOTION NO.3388 OF 2011 AND NOTICE OF MOTION NO.3389 OF 2011 Rambahal Singh Ramsurat Singh & Anr. ... Plaintiffs V/s. Bhavya Infrastructure (India) Pvt. Ltd. ... Defendants Mr. A.C. Singh, i/b. Mr. D.R. Shah, for the Plaintiffs. Mr. Rohit Pandey with Mr. Som Sinha, i/b. Mr. Dhiren Shah, for the Defendants. CORAM : S.C. DHARMADHIKARI, J. DATE : 14 th December, 2011. P.C. : 1. A Suit for specific performance of an agreement to grant permanent alternate accommodation in the reconstructed building and redeveloped property is settled between the parties. It is stated that the Defendant- Developer is ready and willing to hand over one shop and one office premises, as more particularly set out in the consent terms, as permanent alternate accommodation on ownership basis to the Plaintiffs. The Plaintiffs have accepted the same in terms and in satisfaction of their entitlement under the agreement of tenancy, which was executed between the parties. It is in such circumstances that the Defendant-Developer has already handed over the *2* S-3008-08-NMS-Group.sxw possession of these premises, which are more particularly described in the consent terms. It is also stated that to compensate the Plaintiffs for the loss of area, certain compensation is agreed in monetary terms and even that is paid. The consent terms recording this agreement and arrangement after mutual discussions and negotiations is confirmed by both Plaintiffs, who are present in Court, and the Director of the Defendant-Developer, who is duly authorized to sign and execute the agreement and the terms. 2. After having perused these consent terms and satisfying myself that parties have understood the obligations and have also been made aware of the implications from this agreement, that they have appended their signatures. The signatures are also confirmed. In such circumstances and when the consent terms do not controvert any provisions of law or public policy, that they are taken on record and marked “X” for identification. 3. There will be order in terms of the consent terms. The Suit is decreed accordingly. 4. Refund of Court fees as per rules. 5. There will be no order as to costs. 6. All interlocutory applications do not survive and interim orders in the Suit shall stand vacated forthwith. (S.C. Dharmadhikari, J.)