1 s-3376-05-s-2970-05 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUIT NO. 3376 OF 2005 Sahara India Commercial Corporation Ltd. ..Plaintiff. vs. M/s. B. Jeejeebhoy Vakharia & Associates & Ors. ..Defendants. .... Mr. Nitin Thakkar, Senior Counsel, a/w. Mr. Gaurav Joshi, Mr. Markand Gandhi, i/b. Satyen Vora, Tanvi Gandhi, Sahil Gandhi, for Plaintiff. Mr. Milind Sathe, Senior Counsel, a/w. Mohd. Akram Bastivi, i/b. Harilal Thakar & Co., for Defendant Nos. 1 to 3, 5 & 12. Mr. Kiran Jain, i/b. Tushar Goradia & Co., for Defendant Nos. 7 to 11. Mr. V.N. Kantawala, i/b. Vivek Kantawala, for Defendant No.4. .... CORAM : S.J. KATHAWALLA, J. DATE : 24TH MARCH 2011. P.C. : The learned Senior Advocate appearing for the Plaintiff states that in Suit No. 3376 of 2005, the original Defendant Nos. 6 and 8 have merged with the Defendant No.12 and the original Defendant Nos. 9 and 10 have merged with Defendant No.5. He submits that Suit No. 3376 of 2005 be therefore dismissed against the Defendant Nos. 6, 8, 9 and 10. Accordingly, by consent of the parties, the Suit No.3376 of 2005 is dismissed against the original Defendant Nos. 6,8, 9 and 10. 2. The learned Advocates appearing for the Plaintiff as well as the Defendant Nos.1 to 5, 7, 11 and 12 have now tendered the consent terms and have submitted that Suit No. 3376 of 2005 be 2 s-3376-05-s-2970-05 decreed in terms of the consent terms. 3. The consent terms are taken on record and marked ‘X’ for identification. The consent terms are signed by the Principal Officer/Authorised Signatories/Constituted Attorney of the Plaintiffs and Defendant Nos. 1 to 5, 7, 11 and 12. The letters of authority/ resolutions/POA in favour of the signatories have been annexed to the consent terms. The consent terms are also signed by the Advocates for the Plaintiffs and the respective Advocates of the Defendant Nos. 1 to 5, 7, 11 and 12. The undertakings given in the consent terms are accepted. 4. Suit No.3376 of 2005 is accordingly decreed in terms of the consent terms marked ‘X’. Refund of Court fees, if any, as per Rules. The Chamber Summons Nos.585 of 2009 and 1128 of 2010 also stand disposed of. 5. Suit No.2970 of 2005 which was earlier tagged with the above Suit shall appear on board for directions on 11th April 2011. [ S.J. KATHAWALLA, J. ]