LOD2177-10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT LOD.NO.2177 OF 2010 Samir Pravin Vora .. Plaintiff Versus Arpanna Developments Pvt.Ltd. and Anr. .. Defendants Mr.Kunal Cheema for plaintiff Mr.Hemang Raithatta i/b. RMG Law Associates for defendant No.1 Mr.R.N.Kachare i/b. Ashok Purohit & Co. for defendant No.2. CORAM : S.C.DHARMADHIKARI, J. DATE : 14th September 2010. P.C.: 1] Mr.Cheema learned Advocate appearing for plaintiff on instructions states that the plaintiff withdraws the suit as against defendant No.2. The suit is, therefore, dismissed as withdrawn as against defendant No.2. 2] Mr.Cheema states that the plaintiff and defendant No.1 have settled the claim in the suit. He states that the suit claim arises out of the development agreement, terms of which are confirmed by parties. In terms of the development agreement, the first defendant has agreed to LOD2177-10 2 provide a flat on 8th floor instead of 5th floor which was originally stated in the development agreement. This flat is identified and demarcated on the plan which is annexed as Annexure to the consent terms. 3] Since the parties have confirmed the agreement and the plaintiff agreed to pay to the first defendant the sum specified in clause 1(d) of the consent terms, according to Mr.Cheema, the terms deserve to be accepted by the Court. 4] Mr.Raithatta appearing for first defendant states that the arrangement as recorded in the consent terms has been duly confirmed by the first defendant. There have been negotiations pursuant to which the agreement has been reached. 5] The plaintiff is present in court and he has confirmed the agreement as recorded. He states that he will give up the claim in the flat originally referred to in the development agreement and would accept the flat mentioned in clause 1(c) of the consent terms and as demarcated in the plan. He will pay the sum as agreed on he being put in possession of the LOD2177-10 3 flat. 6] Since both sides are present and they confirm this agreement, with all the consequences and implications and have understood it, the same are taken on record and marked "X" for identification. Suit shall stand decreed in terms of these terms as between the plaintiff and defendant No. 1. Authorisation in favour of Mr.Vimal Malkani who has signed the terms on behalf of first defendant is taken on record. Plaintiff has also confirmed his signature below the terms. Both sides state that they are fully satisfied with the terms as they record their complete agreement. The suit is disposed of accordingly. Refund as per rules. Undertakings in clauses 1(a) and 1(d) are accepted. 7] Plaintiff to number the suit forthwith. (S.C.DHARMADHIKARI, J)