1 s3142-08.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Suit No.3142 of 2008 Mr.Pukhraj S. Bafna & Ors. .. Plaintiffs v/s. Mr.Mansoor Abdul Hussein Changi & Ors. ..Defendants Mr.D.H.Mehta i/b. R.D.Suvarna for the Plaintiffs Mr.V.Y.Sanglikar for the Defendant Nos.1 to 6 Mr.D.R.Shah for the defendant No.10 CORAM : R.Y.GANOO, J. DATED : 7th September, 2010 P.C. : 1. As the matter was called out, learned Counsel for the plaintiffs submits that plaintiffs do not wish to prosecute the suit against defendant nos.1 to 9. Consent terms dated 7.9.2010 signed by the plaintiffs and the Director of defendant no.10 and by respective advocates are tendered in the court. 2. Learned Counsel for the plaintiffs as well as counsel for the defendant no.10 prays for decree in terms of the consent terms. 2 s3142-08.sxw 3. At this stage, learned Counsel Mr. Sanglikar appearing on behalf of the defendant nos.1 to 6 submits that the plaintiffs and defendant no. 10 have kept defendant nos.1 to 6 away and have arrived at consent terms which can be called as collusive consent terms and therefore court should not grant decree in terms of this consent terms. 4. At this stage it is not necessary for the Court to go in the question whether the consent terms which are tendered today between the plaintiffs and the defendant no.10 are collusive or not. Plaintiffs have prayed for dismissal of the suit as against defendant Nos.1 to 9. I see no difficulty in passing decree. Accordingly, consent terms as above are taken on record and marked “X” for identification. Undertakings given in the consent terms are accepted. Statement made by the Counsel for the Plaintiffs as well as defendant No.10 that signatories to the consent terms are present in the court is accepted. Following decree is passed in the present suit. ORDER i) Suit is dismissed for want of prosecution as regards defendant 3 s3142-08.sxw nos.1 to 9. There shall be decree in terms of consent terms dated 7.9.2010 as between plaintiffs and defendant no.10. ii) There shall be no order as to costs. Refund of Court fees granted as per rules. Iii) Motion No.3953 of 2008 is allowed to be withdrawn with no order as to costs in view of decree in the suit. [R.Y.GANOO, J.]