- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1240 OF 2008 IN EXECUTION APPLICATION NO.134 OF 2008 IN SPECIAL CIVIL SUIT NO.1627 OF 1994 Mr.Vinod Hiro Chandiramani & Anr. ...Plaintiffs vs. M/s.Popular Construction Company Engineers & Building Contractors and others. ...Defendants and Mrs.Ramila R.Desai. ...Intervener --- Mr.Yatin Shah, for Plaintiffs. Ms.B.N.Dalal, for Intervener. Mr.Jyoti Mistry, for Defendant no.1. CORAM: S.C.DHARMADHIKARI,J. CORAM: S.C.DHARMADHIKARI,J. CORAM: S.C.DHARMADHIKARI,J. DATED: 17TH DECEMBER,2008. DATED: 17TH DECEMBER,2008. DATED: 17TH DECEMBER,2008. P.C. P.C. P.C.: 1. The consent terms signed by plaintiffs and defendant no.1 are taken on record and marked "X" for identification. The first defendant is the - 2 - partnership firm and defendant nos.2 and 3 were the partners and defendant nos. 2 and 3 were non contesting parties. Now defendant no.2 has since expired. The suit was decreed as against defendant no.1 and the present chamber summons is by the intervener for rasing attachment on the immovable property. 2. The consent terms record that the decree holders-plaintiffs are ready and willing to accept sum of Rs.3,60,000/- in full and final satisfaction of their claim under the subject decree and upon the amounts being paid in the manner set out in clause (1), the decree will be marked fully satisfied. It is only after receipt of the amount as above that the attachment shall stand raised and until then the parties are agreed not to proceed and dispose off the attached property. 3. The decree holders so also the first defendant are present in Court and the order is passed in their presence. They have stated that they have fully understood the implications and consequences flowing from the terms. They state that the terms correctly record the agreement arrived at - 3 - between them. In such a situation, there will be an order in terms of consent terms. Chamber summons is disposed of accordingly. Needless to state that in default the decree holder would be entitled to execute the decree in accordance with law. Pay orders and cheques are duly handed over in Court by the first defendant to the decree holders’ Advocate. (S.C.Dharmadhikari, J.)