-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Suit No. 3513 of 1988 Naseem Jehangir Dhunjibhoy ..Plaintiff vs. 1. Dinshaw Jehangir Mistry alias Dhunjibhoy and others ...Defendants Mr.S.M.Sakhardande i/b Mr.S.S.Wagh for plaintiff. Mr.N.D.Jaywant for defendant nos. 1 and 2 Mr.Rajesh Rathod i/b Bilawala and Co. for defendant no.3. Mr.R.V.Sankpal for intervenor. Mr.Gajanan Surve, representative of the Court Receiver present. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. 26th May, 2008 26th May, 2008 26th May, 2008 P.C. P.C. P.C. 1. Mr.Sakhardande submits that though the parties are tendering the consent terms there is an urgency in as much as defendant no.3 is seriously ill. He has signed the consent terms which were agreed between the plaintiff and defendant nos. 1 to 3. However, when they were tendered and taken on record, it was noticed that there is objection by the intervenor who had applied for intervention in the matter. Now, the claim of the intervenor is also settled and even he has tendered the additional consent terms as between him and the plaintiff. The same are duly signed by the intervenor and the plaintiff so also their Advocates. The Advocate for -2- intervenor states that intervenor Mr.Rajesh Kaushal is present in Court and he confirms the terms and agreements recorded therein. He is agreeable to the same being taken on record and order being made by this Court in terms thereof. All terms recorded between the parties have been agreed mutually and there is complete satisfaction of all claims of the intervenor. There is no pressure or force of any kind and the terms have been entered into willingly. In such circumstances and when the original terms between the plaintiff and defendants are already on record of this Court the suit stands disposed of in terms of both the consent terms which are marked "X" and "X-1" respectively for identification. The undertakings, if any, are accepted. 2. The Court Receiver to act on authenticated copy of this order. 3. Refund of court fees as per rules. 4. At the request of Mr.Sakhardande it is directed that the Court Receiver shall disburse the amounts which are mentioned in clause (6) of the consent terms at "X" filed on 5th May, 2008 and pay them over to the parties mentioned therein. -3- (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)