1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION SUIT SUIT SUIT NO.6930 NO.6930 NO.6930 of 1999 of 1999 of 1999 D.B.Billimoria D.B.Billimoria D.B.Billimoria ...... Plaintiff Plaintiff Plaintiff vs vs vs Sudhir Sudhir Sudhir Vasu Shetty Vasu Shetty Vasu Shetty ...... Defendants Defendants Defendants Mr.D.R.Zaiwalla Mr.D.R.Zaiwalla Mr.D.R.Zaiwalla i/b Niranjan & Co for Plff i/b Niranjan & Co for Plff i/b Niranjan & Co for Plff Mr.P.B.Kakade Mr.P.B.Kakade Mr.P.B.Kakade i/b V.Unnikrishnan for Deft.1.9 & 11. i/b V.Unnikrishnan for Deft.1.9 & 11. i/b V.Unnikrishnan for Deft.1.9 & 11. Mr.Jashew Mr.Jashew Mr.Jashew i.bM.M.Jashew for Deft no.5 i.bM.M.Jashew for Deft no.5 i.bM.M.Jashew for Deft no.5 Mr.P.M.Havnuur Mr.P.M.Havnuur Mr.P.M.Havnuur for Deft nos. 7 & 8. for Deft nos. 7 & 8. for Deft nos. 7 & 8. Mr.B.D.Joshi Mr.B.D.Joshi Mr.B.D.Joshi for Deft. 2 to 4,12,14 to 19. for Deft. 2 to 4,12,14 to 19. for Deft. 2 to 4,12,14 to 19. Mr.D.V.Deokar Mr.D.V.Deokar Mr.D.V.Deokar Ist Asst to C.R.present Ist Asst to C.R.present Ist Asst to C.R.present CORAM CORAM CORAM : : : SMT R.S.DALVI, J SMT R.S.DALVI, J SMT R.S.DALVI, J DATE DATE DATE : 29th January, 2007 : 29th January, 2007 : 29th January, 2007 P.C. P.C. P.C. 1.1.1. Order and decree in terms of the consent terms Order and decree in terms of the consent terms Order and decree in terms of the consent terms signed signed signed by the parties and their advocates marked by the parties and their advocates marked by the parties and their advocates marked ’X’ ’X’ ’X’ for for for identification. All the advocates identify identification. All the advocates identify identification. All the advocates identify their their their respective respective respective clients. The plaintiff’s Advocate clients. The plaintiff’s Advocate clients. The plaintiff’s Advocate agrees agrees agrees that the amount deposited by the defendant that the amount deposited by the defendant that the amount deposited by the defendant no.7 no.7 no.7 and 8 with Court Receiver shall be handed over and 8 with Court Receiver shall be handed over and 8 with Court Receiver shall be handed over toto to defendant nos. 7 and 8. defendant nos. 7 and 8. defendant nos. 7 and 8. 2.2.2. Court Receiver is discharged without passing Court Receiver is discharged without passing Court Receiver is discharged without passing the the the accounts and on payment of his costs and accounts and on payment of his costs and accounts and on payment of his costs and expenses. expenses. expenses. 2 3.3.3. Suit against defendant nos. 20 to 23 is Suit against defendant nos. 20 to 23 is Suit against defendant nos. 20 to 23 is allowed allowed allowed to be withdrawn. to be withdrawn. to be withdrawn. 4.4.4. Receiver to act on a certified copy of the Receiver to act on a certified copy of the Receiver to act on a certified copy of the minutes minutes minutes of the order. of the order. of the order. (Smt (Smt (Smt R.S.Dalvi,J) R.S.Dalvi,J) R.S.Dalvi,J)