-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3240 OF 2000. Apollo Trade Ltd. ..Plaintiff. Versus Aamcol Tools Ltd and Anr. ..Defendants. Mr. C. D. Patel i/b M/s. A. S. Dayal & Associates for the plaintiff. Mr. Sunil Gangal i/b M/s. Desai & Diwanji for the defendant no.1. Coram : R. V. MORE, J. Date : February 1, 2010. P. C. : 1. At the outset the learned counsel appearing on behalf of the plaintiff and the defendant no.1 make a common statement that defendant no.2 is a formal party as no relief is sought against this defendant. Learned counsel for the plaintiff accordingly seeks leave to delete the name of defendant no.2. Leave to delete the name of defendant no.2 is granted at the risk of the plaintiff. 2. The plaintiff and defendant no.1 amicably settled the dispute out of the Court and have filed consent terms signed by Directors of the plaintiff and defendant no.1 alongwith their respective counsel. The director of plaintiff as well as the director of defendant no.1 are personally present in the Court. They admit the contents of consent terms. Consent terms are taken on record and marked "X" for identification. -: 2 :- 3. Under clause (2) of the consent terms the defendant no.1 has undertaken to pay an amount of Rs.3,25,000/- to the plaintiff within one week of receipt of Rs.4,50,000/- with interest which amount was deposited in this Court pursuant to the order dated 20th June 2000 passed in Writ Petition No. 859 of 2000 and which was transferred to the credit of this suit. Under clause (4) of the consent terms, the plaintiff has no objection if the defendant no.1 withdraws the amount of Rs.4,50,000/- deposited pursuant to the order dated 20th June 2000 passed in writ petition no. 859 of 2000 alongwith interest accrued thereon. Under clause (5) of the consent terms the plaintiff and the defendant no.1 have agreed to withdraw the allegations made by them against each other. 4. Undertakings given by the plaintiff as well as the defendant no.1 in consent terms are accepted. Suit is disposed of in terms of consent terms. Refund of the Court fees as per the Rules. (R.V. MORE, J.)