1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2308 OF 2009 IN SUIT NO. 2601 OF 2006 Shirin Mehernosh Palia ...Plaintiff. Vs. Farrokh Padmaji Palia & Ors. ...Defendants. Mr. C.N. Mehta for the Plaintiff. Mr. D.H. Mehta for the Defendants. CORAM :- ANOOP V. MOHTA, J. DATED :- 13TH JULY, 2009. P.C.- 1 The Original Defendants have taken out this Motion for challenging the consent terms dated 10th July, 2008 on various grounds. This Court by an order dated 8th July, 2008, has permitted the Defendants to deposit the amount as per the consent terms on or before 10th July, 2009. The Defendants have accordingly deposited the amount. 2 Now, the Defendants are not pressing this Notice of Motion, therefore, the statement is made accordingly. However, considering the fact that this Court has permitted to deposit the amount in the Court instead of directly paying to the Plaintiff and as the Defendants are not pressing this Motion, there is no reason that the amount should be retained 2 with the office. The Plaintiff is, therefore, permitted to withdraw the said amount. 3 In the result, the terms of the consent terms are treated to be complied with. The parties, therefore, acted and accordingly proceeded in view of the consent terms. The Notice of Motion, is accordingly disposed of as not pressed. The parties to act on the basis of an authenticated copy. 4 The Notice of Motion is disposed of accordingly. No order as to costs. (ANOOP V. MOHTA, J.)