-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Suit No.2399 of 2000 IDBI Bank Limited ..Plaintiffs vs. 1. KND Engineering Technologies Limited and another ..Defendants. Mr.Kalpesh Parekh i/b Mr.Pragna Thakkar and Co. for plaintiffs. Ms.Kamlesh Kaswani i/b Vigil Juris for defendant no.1 Mr.N.Dadina, Director of defendant no.1 present. Mr.C.M.Lokesh i/b Mr.A.R.Bhole and Co.for defendant no.2 Mr.Shivaji Gunweasne, Asstt.Vice President of ITSC present. 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. The learned Advocate for the plaintiffs is permitted to amend the name of the plaintiffs from Industrial Development Bank of India to Industrial Development Bank Ltd. Amendments to be carried out during the course of the day. 2. In the present suit the plaintiffs have sought reliefs only against defendant no.1 as set out in prayer clauses (a) to (i). -2- 3. The plaintiffs have today tendered the consent terms dated 7th May, 2009. They have submitted that the suit be disposed of in terms of the said consent terms dated 7th May, 2009 entered into by and between the plaintiffs and defendant no.1. The said consent terms are taken on record and marked "X" for identification. 4. The said consent terms are signed by Mr.Shivaji Gunwane the Assistant Vice President of the plaintiffs. IDBI Trusteeship Services Ltd. (ITSL) is the constituted attorney of the plaintiffs. Mr.Shivaji Gunware, Assistant Vice President is the Constituted Attorney and Authorised Officer of ITSL. The said consent terms are also signed by the Director of defendant no.1. The Board Resolution of defendant no.1 authorising Mr.N.K.Dadina, Director of the Company to sign the consent terms is at page 94 of the consent terms. The consent terms are also signed by the Advocate for the plaintiffs as well as defendant no.1. Mr.Shivaji Gunware Assistant Vice President of the plaintiffs and Mr.N.Dadina, Director of Defendant no.1 are present in Court. They have informed the Court that they have signed the consent terms of their free will and volition and there is no fraud, force or coercion involved. -3- 5. In view of the above suit no.2399 of 2000 stands disposed of in terms of the consent terms at X. Undertakings contained in paragraphs 7, 8 and 18 are accepted. No order as to costs. Refund of Court fees as per rules. (S.J.KATHAWALLA J.)