-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 380 OF 2009 WITH NOTICE OF MOTION NO. 3166 OF 2009 WITH CHAMBER SUMMONS NO. 1521 OF 2009 IN SUMMONS FOR JUDGMENT NO. 394 OF 2008 IN SUMMARY SUIT NO. 3074 OF 2008 Cosa Construction & Another ... Appellants versus M/s. M. Amrutlal & Co. & another ... Respondents M/s. S.K. Jain and Associates for the appellants. Mr. Kishor Jain with Mr. Arvind G. Shah for respondent No.1. Mr. Girish Desai with Smt. M.V. Thakkar, instructed by Ms. S.V. Thakkar for respondent No.2. CORAM: P.B. MAJMUDAR & R.V. MORE, JJ. DATE: DECEMBER 18, 2009. P.C. This appeal is directed against the order dated 26th June, 2009 of the learned single Judge by which the learned single Judge has granted conditional leave to defendant Nos. 1 and 2 in the said suit being Summary Suit No. 3074 of 2008. The Court is informed by the advocates appearing in the matter that the parties have settled the entire suit and the consent terms duly signed by the parties and their advocates are placed on record. It is submitted -2- that the signatures of the appellants are not there on the said consent terms. Learned counsel for the appellants has submitted that he has received confirmation letter from the appellants as they are not residing in Mumbai. The said statement of the learned counsel for the Appellants is accepted. In view of the same, consent terms are taken on record and marked “X” for the purpose of identification. Summary Suit No. 3074 of 2008 is accordingly disposed of in view of the consent terms and it is decreed accordingly. So far as original defendant No.3 is concerned, the suit qua defendant No.3 stands withdrawn as per the consent terms. There shall be no order as to costs. Refund as per Rules. The undertakings given on behalf of the appellants in the consent terms are accepted. 2. In view of the above, the Appeal, Notice of Motion and the Chamber Summons are also accordingly disposed of. P. B. MAJMUDAR, J. R.V. MORE, J.