-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Suit No. 2165 of 2005 1.Kiduja Industries Limited ..Plaintiffs vs. 1.Surendra Laxman Raval & ors. ..Defendants Ms.Bharati Bheda i/b M/s Ashwinkumar & Co. for plaintiffs. Mr.Atul Rajadhyaksha, Sr.Counsel i/b Mr.C.R.Naidu and Co. for defendant nos. 1 and 6 Mr.Sanjay V.Kadam with Ms.Shobha Khauneleor and Ms.Apeksha Sharma i/b Kadam and Co. for defendant nos.3, 4 and 5. Mr.Mayura Raut i/b India Law Alliance for defendant no.7 Mr.Ashis Jaipuria, Director of plaintiffs present. Defendant Nos.1, 2, 3, 4, 5 and 6 present in person. CORAM S.J.KATHAWALLA J. CORAM S.J.KATHAWALLA J. CORAM S.J.KATHAWALLA J. 7th May, 2009 7th May, 2009 7th May, 2009 P.C. P.C. P.C. 1. This suit is filed by the plaintiffs seeking a declaration that the agreement dated 20th July, 2005 (Exh.C-1 to the plaint) entered into between the plaintiffs and defendants is valid, subsisting and binding on the defendants. The plaintiffs have also sought an order and decree against the defendants to specifically perform the said agreement dated 20th July, 2005 and to execute all such documents and do and perform all such deeds, things and matters, as may be necessary for the specific performance of the agreement dated 20th July, 2005. -2- 2. Today, the learned Advocates appearing for the parties have tendered consent terms dated 7th May, 2009 and have submitted that the said consent terms be taken on record and that on execution of the said consent terms, the parties shall have no claim of whatsoever nature against each other. The consent terms dated 7th May 2009 are taken on record and marked ‘X’ for identification. The Director of the plaintiffs Mr.Ashish Jaipuria, who has signed the consent terms on behalf of the plaintiffs company is present in Court. The plaintiffs have submitted a Resolution dated 2nd January, 2009 passed by the plaintiffs company authorising Mr.Ashish Juipuria to sign the compromise/consent terms. The copy of the said Resolution is also taken on record and marked ‘X-1’ for identification. 3. The defendant nos.1,2, 3, 4, 5 and 6 are present in Court. All of them have signed the consent terms. The Advocates appearing for the plaintiffs and defendant nos. 1 and 6 and defendant nos.2,3, 4 and 5 have also signed the consent terms. Defendant no.7 M/s Kotak Mahindra Investments Ltd. have not signed the consent terms since no reliefs are claimed against them in the suit. -3- 4. The plaintiffs and defendants have informed the Court that they have signed the consent terms of their own free will and volition and that there is no force, fraud or coercion involved. Defendant No.2 Savita Surendra Rawal is also present in Court and she has informed the Court that her Advocate has interpreted and explained the contents of the consent terms to her in Gujarati and that after understanding its contents she has signed the consent terms of her own free will and volition. 5. The learned Advocates appearing for the parties have submitted that the consent terms be taken on record and the suit be dismissed as withdrawn. The consent terms marked ‘X’ are already taken on record. The suit is, therefore, dismissed as withdrawn with no order as to costs. Refund of Court fees as per rules. 6. It is made clear that the amount of Rs.2.4 crores deposited with the Uco Bank as per order of this Court dated 22nd January, 2009 shall continue to be so deposited until the lockin period of the same is over as per the two agreements both dated 31st January, 2007. Thereafter the said deposit shall be handed over to defendant nos.1 to 6. 7. The Prothonotary and Sr.Master to act on an -4- authenticated copy of this order. (S.J.KATHAWALLA J.) (S.J.KATHAWALLA J.) (S.J.KATHAWALLA J.)