1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1927 OF 2007 Mohan Balkrishna Lulla ..... Plaintiff. V/s Shailesh Dhairyawan Proprietor of M/s Dhairyawan Developers & Ors. ..... Defendants. ----- Mr. Snehal Shah i/b Mr. L.J. Associates for the plaintiff. Mr. S.U. Kamdar, Sr. Advocate with Mr. S.G. Surana for defendant No.1. Mr. C.N. Gole for defendant No.3. Mr. P.K. Samdani, Sr. Counel i/b K. Ashar & Co. for defendant Nos. 5, 6, 23 and 24. ----- CORAM: V.M. KANADE, J. DATE : 8th OCTOBER, 2008 (In Chamber at 2.30 P.M.) P.C. 1. Pursuant to the suggestion given by this Court, parties were exploring the possibility of settlement and, therefore, the matter was kept part heard. 2. Today, the parties are tendering Consent Terms. Consent Terms are taken on record and marked “X” for the purpose of identification. Consent Terms are signed by the Plaintiff, Defendant No.1, Defendant No.3 and their respective advocates. Undertaking, if any, given in the Consent Terms by 2 any of the parties, is accepted. Decree is passed in terms of the consent terms. 3. In respect of the dispute regarding compensation, the matter, by consent, is referred to Mrs. Justice Sujata Manohar (Retd.) for arbitration. The issue regarding the allotment of parking space or plaintiff's returning the promissory note can also be decided by the learned arbitrator. Plaintiff is permitted to withdraw the amount which is deposited by defendant No.1 and which is lying in the suspense account of Oriental Bank of Commerce, Khar Branch, Mumbai. 4. Plaintiff and defendants are present in Court. 5. Suit is disposed of in the aforesaid terms. 6. Refund of Court Fees be paid in accordance with the rules. 7. Since the suit itself is disposed of, Notice of Motion if any, does not survive and the same is also disposed of. (V.M. KANADE, J.) 3