1 APPEAL(L).624.2011-S.120.2010.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION APPEAL LODGING NO. 624 OF 2011 IN SUIT NO.120 OF 2010 Nimesh Ajitbhai Asher ...Appellant/Orig. Defdt. No.4 Vs. Dharmesh Jayantilal Paun & Ors. ...Respondents Mr.R.K. Mendadkar, Advocate for Appellant Mr. D.H. Mehta with Mr. D.F. Sharma for Respondent No.1 Mr. G.R. Joshi with Mr. A.R. Shaikh, Advocates for Respondents 2 to 4 Appellant present Respondent No.1 present Respondent Nos.2 and 3 present for self and on behalf of Respondent No.4 CORAM : MOHIT S. SHAH, C.J. AND MRS. ROSHAN DALVI, J. DATE : 11 OCTOBER 2011. P.C. 1. This appeal arises from the order dated 15 July 2011 of the learned trial Judge of this Court disposing of Suit No.120 of 2010 along with the notices of motion filed therein on the basis of the consent terms signed and submitted by the Plaintiff and Defendant Nos.1, 2 and 3 who are the Respondents herein. 2. The Appellant was permitted to be joined as Defendant No.4 by order dated 4 February 2010 in Chamber Summons No.171 of 2010. 3. The learned Counsel for the parties state that all the parties have now agreed to settle the dispute amongst themselves and that in full and final settlement of all the claims of Appellant (Defendant No.4) Nimesh 2 APPEAL(L).624.2011-S.120.2010.sxw Ajitbhai Asher, the Plaintiff Dharmesh Jayantilal Paun shall pay a sum of Rs.22 lakhs to the Appellant (Defendant No.4) and Defendant Nos.1 and 2 shall pay sum of Rs.15 lakhs to Appellant (Defendant No.4). The aforesaid amounts shall be paid by the Plaintiff and Defendant Nos.1 and 2 by 15th November 2011. 4. Upon payment of the aforesaid amounts the Appellant (Defendant No.4) shall not have any claim against any of the parties i.e., against the Plaintiff or against Defendant Nos.1 to 3 on the basis of the agreement dated 14 September 2009 and 29 January 2010 which shall stand cancelled. 5. In case any of the aforesaid amounts are not paid or defaulted by the parties to the Appellant, this Appeal shall stand admitted. 6. The parties admit and accept the settlement in the above terms. This Appeal is disposed off in terms of the aforesaid settlement amongst the parties. 7. The learned Counsel for the Appellant (Defendant No.4) states that his client is present in Court. The learned Counsel for the Plaintiff states that the Plaintiff is also present in Court and learned Counsel for the Defendant Nos.1 to 3 states that Defendant Nos.1 and 2 are present. The aforesaid settlement is accordingly arrived in with a view of the endorsement given by the respective parties to their respective Counsels. CHIEF JUSTICE ROSHAN DALVI, J.