1 fa1428-10 dmt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1428 OF 2010 M/s. Ipca Laboratories Ltd., & Anr. .. Appellants Vs. Mr. Joseph K.L. Proprietor, M/s. J.J. Engineering (Fabricators & Erectors ) & Anr. .. Respondents. Mr. Sushant Chavan i/by M/s. Shiralkar & Co. for Appellants. Mr. A.P. Shensan for Respondents. CORAM: B. H. MARLAPALLE & U. D. SALVI, JJ. DECEMBER 09, 2010. P.C. This appeal filed by the Defendant Company is directed against the money decree of Rs. 69,83,560/- along with interest at 12% per annum from the date of filing of the suit till the realisation of the decretal amount, passed by the learned Civil Judge, Dadra & Nagar Haveli, Silvassa in Special Civil Suit No. 44 of 2006. 2. With the assistance of the learned counsel the parties have been successful in arriving at a settlement and the terms of the settlement 2 fa1428-10 have been reduced in writing in th form of consent terms. 3. The original plaintiff is present in the Court and he has verified the said terms and stated that he has signed the same voluntarily on understanding that his total claim is settled for Rs. 67 lacs as against the impugned decree. 4. We have gone through the consent terms and we are satisfied that they are in the interest of both the parties. Both the parties shall be bound by the consent terms. The amount of Rs. 66,31,358/- has been received by the plaintiff vide demand draft dated 8.12.2010 drawn on the ICICI Bank and the remaining amount of Rs. 66,612/- has been deducted towards TDS. The appellants have agreed to issue the TDS certificate to the plaintiff latest by 30.4.2011. The consent terms are taken on record and marked as “X” for identification. 5. The learned counsel for the parties, therefore, prayed for the decree to be drawn in terms of the consent terms and the appeal be disposed off accordingly. 3 fa1428-10 6. Hence, the appeal is allowed partly and the impugned decree is substituted by the consent terms. The registry is directed to issue a fresh decree. Parties to bear their own costs. 7. Refund of the Court Fee as per the Rules. (U.D. SALVI, J.) (B. H. MARLAPALLE, J.)