: 1 : SD 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 CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUIT SUIT SUIT NO.1553 OF 2008 NO.1553 OF 2008 NO.1553 OF 2008 ALONGWITH ALONGWITH ALONGWITH NOTICE NOTICE NOTICE OF MOTION NO.1801 OF 2008 OF MOTION NO.1801 OF 2008 OF MOTION NO.1801 OF 2008 Evershine Developers ...Plaintiffs V/s. Syndicate Bank & Anr. ...Defendants ALONGWITH ALONGWITH ALONGWITH COUNTER COUNTER COUNTER CLAIM NO.6 OF 2009 CLAIM NO.6 OF 2009 CLAIM NO.6 OF 2009 Housing Development & Infrastructure ...Plaintiffs V/s. Syndicate Bank & Anr. ...Defendants Mr.Virag Tulzapurkar, Sr. Counsel, i/b. Vimadalal & Co. for the Plaintiffs in Suit No.1553 of 2008 and for Defendant Nos.2 and 3 in Counter Claim No.6 of 2009. Mr.Harihar Bhave i/b. Bhave & Co. for Defendant No.1 in Suit No.1553 of 2008 and in Counter Claim No.6 of 2009. Mr.Prashant Ghelani i/b. Markand Gandhi & Co. for Defendant No.2 in Suit No.1553 of 2008 and Plaintiff in Counter Claim No.6 of 2009. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 1ST APRIL, 2009. : 1ST APRIL, 2009. : 1ST APRIL, 2009. P.C.: P.C.: P.C.: 1. By consent, amendment in terms of the draft tendered today before the Court are allowed. The parties shall amend the plaint and counter claim in due course. : 2 : 2. The parties are present before the Court and tendered the consent terms in Suit as well as in the Counter Claim. The Suit as well as the Counter Claim stand decreed in terms of the consent terms. 3. The undertakings recorded by the parties in the consent terms are accepted. 4. In view of the above, Notice of Motion No.1801 of 2008 pending in this Suit does not survive and the same stands disposed of accordingly. 5. Office to refund the Court fee as per the rules in Suit as well as in the Counter Claim. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]