1 S.2900.06.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2900 OF 2006 M/s. Motiram Tolaram. ... Plaintiffs. V/s. Nitin Pandurang Phadke and Ors. ... Defendants. WITH NOTICE OF MOTION NO. 3486 OF 2006 AND CHAMBER SUMMONS NO. 681 OF 2007 IN SUIT NO. 2900 OF 2006 M/s. Motiram Tolaram. ... Plaintiffs. V/s. Shashikant Pandurang Phadke and Ors. ... Defendants. Mr. Chirag Mody with Vivek Shetty i/b. DSK Legal for the Plaintiffs. Mr. Vimadalal for Defendants 5 to 8. CORAM : R.Y. GANOO, J. DATED : 8th SEPTEMBER 2010. P.C. :- Suit is already disposed of between the Plaintiffs on one hand and Defendants 1a to 1c, 2 and 3. Learned Counsel for the Plaintiffs states that the Suit is already disposed of in 2007 as against Defendant No.4. 2. Today, Consent terms between the Plaintiffs and Defendant Nos.5 to 8 dated 8th September 2010 duly signed 2 S.2900.06.sxw by C.A. of the Plaintiffs, Defendant Nos.5,6,7 and C.A. of Defendant No.8 and respective Advocates are tendered in the Court. 3. Learned Counsels on both sides pray for decree in terms of the Consent terms as between the Plaintiffs and Defendant Nos.5 to 8. Consent terms as above are taken on record and marked as ‘X’ for identification. There shall be a decree in terms of the Consent terms dated 8th September 2010 which are taken on record as above. In view of the order passed today, this Suit is disposed of as between the Plaintiffs on one hand and all the Defendants. There shall be no order as to costs. Refund of Court fees granted as per Rules. Undertakings given in the Consent terms if any, are accepted. Learned Counsel for Defendant Nos.5 to 8 states that monies which were to be received by Defendant Nos.5 to 8 have since been received as set out in the Consent terms. 4. Notice of Motion No.3486 of 2006 is allowed to be withdrawn with no order as to costs in view of decree in the Suit. 5. Chamber Summons No. 681 of 2007 is allowed to be withdrawn with no order as to costs in view of decree in the Suit. (R.Y. GANOO, J.)