1 nms2770-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2770 OF 2010 IN SUIT NO.2550 OF 2010 M/s.Prathamesh Landmark Consultancy .. Plaintiff Vs. Vijay O. Sharma and Anr. .. Defendants Mr.P.M.Shah for the plaintiff Mr.S.R.Singh for defendant no.1 CORAM : S.C.Dharmadhikari, J. DATE : November 30, 2010 P.C. : 1. This Notice of Motion was moved for ad interim orders by the plaintiff. After notice to the defendants, the contesting defendant no.1 had appeared and Mr.Singh, the learned counsel appearing on his behalf had on earlier occasion stated that time may be granted because the parties desire to explore the possibility of arriving at amicable settlement. Now, it is stated that the entire claim in the suit is settled and consent terms in that behalf are drawn which may be taken on record. 2 nms2770-10 2. The defendant no.1 occupies shop no.5 admeasuring 30 sq.ft. on the ground floor in the building belonging to defendant no.2, that building is held to be dangerous and inhabitable and, therefore, the defendant no.2 society resolved to demolish it and construct a new building with the assistance of a developer. The plaintiff was appointed as a developer and the development agreement has been executed by and between plaintiff and defendant no.2. This is in furtherance of the decision of the General Body Meeting of the defendant no.2 Society. The Society has 26 members and 22 out of them have shifted out and there are very few premises which are occupied and on account of which plaintiff is unable to demolish the existing structure and commence redevelopment work. 3. The defendant no.1 is one such occupant and he carries on business of selling ice cream from the suit shop. Now the dispute between the parties is settled. The claim for permanent alternate accommodation is agreed by the plaintiff and the terms in that behalf are accepted. Temporary arrangement is also agreed between parties. The consequences in default would be that the plaintiff in addition for being hauled up for contempt and breach of directions of this court, will have to pay sums as agreed between the parties. The consent terms putting an end to private dispute and having the approval of all including the society can safely be taken on record. The terms do not contravene any provisions of law nor are they contrary to public policy. In these circumstances, consent terms are taken on record and marked 'X' for identification. Suit is decreed in terms of consent terms. 3 nms2770-10 The undertaking of the plaintiff and defendant no.1 in para 6 and 13 are accepted as undertaking to this court. The undertakings are clear inasmuch as the plaintiff agrees to and undertakes to provide permanent alternate accommodation as identified in the plan and defendant no.1 vacates the existing premises as soon as suitable temporary accommodation is made available or in lieu thereof, Rs.10,000 are paid per month to him. Both the undertakings in this behalf are therefore accepted. Suit is disposed of accordingly. Refund of court fee as per rules. No order as to costs. Notice of Motion does not survive in the light of the disposal of the suit. ( S.C.Dharmadhikari, J. )