1 901.s.2405.08.sxw ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2405 OF 2008 WITH CHAMBER SUMMONS NO.1639 OF 2010 WITH CHAMBER SUMMONS NO.702 OF 2011 IN SUIT NO.2405 OF 2008 Dinoo Baji Todiwalla and M/s Solomon and Co & 18 ors .. Plaintiffs versus Devidas Kashinath Virkar and 4 ors ..Defendants AND Gainwell Securities Pvt Ltd and ors ..Applicants ( In Chs 1639 of 10) --------------------------------------- Sowmya Srikrishna with Mr.J.S.Solomon i/b M/s.Solomon and Co,for the Plaintiff. Mr.Vineet Naik i/b M/s.D.C.Mehta and Associates for the Defendant Nos.1 to 3 Mr.V.A.Thorat Sr.Advocate with Mr.Behram Shroff and Mr.Chandra Naik i/b M/s.Chandra Naik and Associates for the Defendant Nos.4 and 5. Mr.Prasad Dhakepatkar Sr.Advocate i/b Gagrats for the Applicant in Chamber Summons. CORAM: S.J.KATHAWALLA, J. DATED: APRIL 21, 2011 P.C. The Learned Advocates appearing for the parties have 2 901.s.2405.08.sxw tendered two sets of Consent Terms both dated 20th April,2011 between the Plaintiff No.4 and the Defendants and between the Plaintiff No.15 and the Defendants. They submit that the Consent Terms be taken on record and the Suit be disposed of in terms of the Consent Terms between Plaintiff No.4 and the Defendants and between the Plaintiff No.15 and the Defendants. They submit that as far as the other Plaintiffs and Defendants are concerned, the Suit is already disposed of earlier by filing Consent Terms between them. The Consent Terms are taken on record and marked ‘X’ and ‘X-1’ respectively for identification. 2 The Consent Terms marked ‘X’ are signed by the Plaintiff No.4 and the Defendant No.5 for self and as Constituted Attorney of Defendant Nos.1 to 4. The Consent Terms are also signed by the Advocate for the Plaintiff No.4, Advocate for the Defendants 1 to 3 and Advocate for Defendants 4 and 5. The signatories to the Consent Terms are present in court. They submit that the Consent Terms are signed by them on their own free will and volition. The undertakings given in the Consent Terms are accepted. The Suit is accordingly disposed of in terms of Consent Terms between the Plaintiff No.4 and the Defendants. 3 The Consent Terms marked ‘X-1’ are signed by the Plaintiff No.15, Defendant No.5 for self and as Constituted Attorney of Defendant Nos.1 to 4. The Consent Terms are also signed by the 3 901.s.2405.08.sxw Advocate for the Plaintiff No.15, Advocate for the Defendants 1 to 3 and Advocate for the Defendants 4 and 5. The signatories to the Consent Terms are present in court. They submit that the Consent Terms are signed by them on their own free will and volition. The undertakings given in the Consent terms are accepted. The Suit is accordingly disposed of in terms of the Consent Terms between Plaintiff No.15 and the Defendants. 4 In view of the above, the entire Suit between the parties stands disposed of. The Chamber Summons No.1639 of 2010 also stands disposed of. 5 Refund of Court fees, if any, as per Rules ( S.J.KATHAWALLA, J ) 4 901.s.2405.08.sxw