1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3842 OF 2009 IN SUIT NO. 2803 OF 2009 Roop Realtors. ... Plaintiff. V/s. Kandivali Roop Nagar CHS Ltd. & Ors. ... Defendants. Mr. Anil Jarial i/b. Legal Associates for the Plaintiff. Mr. Anup Khaitan for Defendant 1. Mr. Uday Warunjikar for Defendants 2 and 3. CORAM : S.C. DHARMADHIKARI,J. DATED : 17th DECEMBER 2009. P.C. :- Defendant Nos. 2 and 3 who are members of Defendant No.1 – Society were proceeded against by the Plaintiff as they were not co-operating in the re-development at site. 2. When the matter was mentioned for ad-interim reliefs, on a suggestion from the Court, both sides negotiated for an overall settlement. 3. It is reported that the parties have settled the matter. Defendant Nos. 2 and 3 will hand over possession of the existing accommodation to the Plaintiff and the Plaintiff in turn have agreed and undertaken to put them in possession of a newly constructed premises. There are modalities in so far as the area/space reserved for the parties. The area/space as 2 demarcated shall now be reserved and for that purpose, the Plaintiff will apply for modifying the plans. The terms recording all this together with the proposed plan are placed on record. They are signed by the Plaintiff’s authorized signatories, the First Defendant – Society through its Secretary and Defendant Nos. 2 and 3. All Advocates have also signed them. Defendant Nos. 2 and 3 agree to withdraw a Suit filed in the City Civil Court and even this Suit would stand disposed off in the light of these consent terms. 4. The area, the specifications and other terms are also agreed. Even the First Defendant – Co-operative Society shall withdraw the proceedings initiated by it. 5. I am satisfied that the terms fully settle and resolve the disputes between parties. They are signed willingly and without any force and pressure. In such circumstances, and the compromise being lawful, the terms are taken on record and marked ‘X’ for identification. 6. There will be an order in terms of these Consent Terms. The Suit is decreed accordingly. 7. The First Defendant – Society to ensure that all members are accommodated in the newly constructed building. (S.C. DHARMADHIKARI,J.)