1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT LOD.NO.3155 OF 2009 Progressive Exports Pvt.Ltd. .. Plaintiff Versus Leaela Framroze Antia & Ors. .. Defendants Mr.M.P.Vashi for plaintiff Mr.S.Wassodew for defendant No.5 Mr.T.Kannan i/b. AZB Partners for defendant Nos. 1 to 4. CORAM : S.C.DHARMADHIKARI, J. DATE : November 10, 2009. P.C.: 1] Mentioned not on board. 2] Heard Mr.Vashi for plaintiff. It is stated that the matter is settled in principle but the terms have to finalised and filed in Court. It is stated that the respondent – proposed defendant No.5 is a necessary party to the proceedings and when the terms are being tendered, the plaintiff and defendants Nos. 1 to 4 do not desire to have an order passed behind the back of the proposed defendant No.5. 2 3] Notice of today’s application is given to the proposed defendant No.5. 4] By consent the plaint is permitted to be amended in terms of the draft amendments handed in and marked as “X” for identification. Amendments to be carried out forthwith. At the request of both sides and by consent, the ad-interim order dated 14th October 2009 is vacated forthwith. 5] Mr.Vasudeo waives notice on behalf of the newly added defendant No.5. 6] In the suit which is filed by the plaintiff for specific performance of an agreement for sale dated 15th August 1977 (Exh.C), Deed of Indemnity dated 28th August 1978 (Exh.E) and Two conveyances dated 28th May 1980 so also for a direction to execute fresh deed of confirmation and further reliefs, that it was stated that defendant Nos. 1 to 4 have executed a conveyance in favour of defendant No.5. These conveyances meets the approval of plaintiff. The plaintiff has no objection to the suit property being sold and transferred to defendant No.5 by defendant Nos. 1 to 4. 3 7] The plaintiff, therefore, gives up the claim in the suit. The consent terms recording these facts and agreements are tendered today. The same are duly signed by the authorised representatives/ signatories of the defendant No.5 and plaintiff. They are also duly signed by defendant Nos. 1 to 4. Learned Advocates for each of these parties have signed the terms. It is stated that all parties/ signatories to the consent terms are present in court. In their presence, the terms are taken on record and marked “X” for identification. There will be an order in terms of the consent terms. The suit will be disposed of and decreed accordingly. There is no order as to costs. Refund of court fees as per rules. 8] Notice of motion, if any, stands disposed of in the light of disposal of the suit in terms of consent terms. 9] Receipt of the pay orders in the sum of Rs.2 Crores by defendant No.5 to defendant Nos. 1 to 4 is confirmed. Defendant Nos. 1 to 4 acknowledge receipt thereof. 10] Defendant Nos. 1 to 4 and 5 undertake to filed their vakalatnamas 4 after removing all office objections. Plaintiff also undertakes to get the suit numbered within one week. (S.C.DHARMADHIKARI, J)