- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT No. 1784 OF 2008 WITH NOTICE OF MOTION No. 2106 of 2008 Sanjay V. Agarwal HUF, through its Karta, Sanjeev V. Agarwal ... Plaintiff Vs. Dr. Nitin V. Thorve ... Defendant *** Mr. Yashpal M. Jain & Mr. Anil D’Souza, for the Plaintiff. Mr. Anuj Narulla i/b J. Narulla, for Defendant. *** CORAM : V. M. KANADE, J. DATE : AUGUST 11, 2009. PC :- 1. The parties have settled the dispute and have filed the “consent terms”. The “consent minutes” are taken on record and marked “X” for the purpose of identification. The “consent minutes” are signed by the plaintiff and by the defendant and their respective advocates. The undertaking given by the defendant in Clause 3, 4 and 8 is accepted. In the event the amount which is lying in the escrow account which is jointly opened by the plaintiff and the defendant, more particularly described in Clause 1 of the “consent terms”, is not paid to the plaintiff by the defendant, - 2 - liberty is granted to the plaintiff to apply for restoration of the suit. The suit is accordingly disposed of in above terms of “consent terms”. 2. In view of disposal of the present suit, Notice of Motion No. 2106 of 2008 does not survive for consideration and the same is accordingly disposed of. [ V. M. KANADE, J.]