1 s1343-81.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Suit No. 1343 of 1981 Khandelwal Engg. Company Ltd. .. Plaintiffs v/s. Nalanda Usha Colony Co-op. Hsg. Soc. Ltd. ..Defendants Mr. Ajit Shukla i/b. M/s. Pandya Gandhi & Co. for the Plaintiffs. Ms.Geeta Shashtri for the Defendant No.1 Mr.Sanjay Gawde for the Defendant No.2 CORAM : R.Y.GANOO, J. DATED : 23rd December , 2010 P.C. : 1. Consent terms dated 30.11.2010, signed by the Director of the plaintiffs as well as authorised representative and nominee of the plaintiffs to office bearers of defendant no.1 and officers of defendant no.2 and the respective advocates, are tendered in the court. Learned Counsel Ms. Shashtri states that office bearers of defendant no.1 are present. Her statement is noted. 2. Counsels on both sides pray for order in terms of the consent terms. 2 s1343-81.sxw 3. Consent terms as above are taken on record and marked “X” for identification. There shall be a decree in terms of the consent terms dated 30.11.2010 as between plaintiffs and defendants. There shall be no order as to costs. Office to give refund of court fees to the plaintiffs as per rules. 4. In clause 27 of the consent terms, defendant no.1 has stated that they are withdrawing the counter claim filed by them. In view of that counter claim, filed by the defendant no.1 is allowed to be withdrawn with no order as to costs. 5. Counsel for the defendant no.1, upon instructions states that the defendant no.1 is not claiming refund of court fees. Undertaking given in the consent terms by respective parties are accepted. [R.Y.GANOO, J.]