1 S.2832.06.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2832 OF 2006 Smt. Pushpavati Revnath Choudhari & Ors. ... Plaintiffs. V/s. Continuous Stationery Pvt. Ltd. & Ors. ... Defendants. WITH CONTEMPT PETITION NO. 65 OF 2009 IN NOTICE OF MOTION NO. 2536 OF 2008 AND NOTICE OF MOTION NO. 2251 OF 2009 AND NOTICE OF MOTION NO. 4077 OF 2009 Sunil Choudhari and Anr. ... Plaintiffs. V/s. Continuous Stationery Pvt. Ltd. & Ors. ... Defendants. Mr. Y.S. Bhate for the Plaintiffs. Mr. Shailesh Shah i/b. M/s. Kanga & Co. for Defendant 1. Mr. Prashant Chavan with Suhas Patil for Defendant 2. Mr. Sumit Ragani i/b. PDS Legal for Defendant 3. CORAM : R.Y. GANOO, J. DATED : 3rd AUGUST 2010. P.C. :- Learned Counsel appearing on behalf of the Plaintiffs applies for withdrawal of the Suit as against Defendant No.2 2 S.2832.06.sxw as Suit is being decreed between the Plaintiffs on the one hand and Defendant Nos.1 and 3 on the other in terms of consent terms dated 3rd August 2010. 2. Consent terms between the Plaintiffs on one hand and Defendant Nos.1 and 3 on the other signed by Plaintiff Nos.1a, Plaintiff No.1b for herself and acting as mother and natural guardian of Plaintiff Nos.1c and 1d, Plaintiff No.2 and signed by authorized representatives of Defendant No.1 and Defendant No.3 and their respective Advocates are taken on record. They are marked as ‘X’ for identification. 3. Learned Counsels on both sides pray for decree in terms of the consent terms as between the Plaintiffs on one hand and Defendant Nos.1 and 3 on the other. Learned Counsel for Plaintiff No.1a, learned Counsel for Plaintiff No.1b for herself and 1c for and on behalf of Plaintiff Nos.1c and 1d and learned Counsel for Plaintiff No.2 admit that their clients have received demand drafts set out in the respective clauses of the consent terms and there is no grievance about it. 4. Respective Counsels state that the Consent terms are signed by the respective signatories in their presence and be marked as ‘X’ for identification. 5. Learned Counsel Mr. Bhate appearing on behalf of the Plaintiffs orally informed the Court that he has personally satisfied the manner in which the Suit is settled by and 3 S.2832.06.sxw between the parties. 6. Consent terms as above are taken on record and marked ‘X’ for identification. 7. In view of the above developments, there shall be a decree as between the Plaintiffs on one hand and Defendant Nos.1 and 3 on the other as per the consent terms dated 3.8.2010. The Suit is allowed to be withdrawn as against Defendant No.2. There shall be no order as to costs. Refund of Court fees is granted as per Rules. Undertakings given in the Consent terms, if any, are accepted. 8. Contempt Petition No. 65 of 2009 in Notice of Motion No. 2536 of 2008, Notice of Motion No.2251 of 2009 and Notice of Motion No.4077 of 2009 are allowed to be withdrawn in view of decree in the Suit in terms of the Consent terms. There shall be no order as to costs. If any ad-interim orders or interim orders are running against the Defendants, they shall stand revoked forthwith. (R.Y. GANOO, J.)