Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.216 OF 2009 IN NOTICE OF MOTION NO.1488 OF 2006 IN SUIT NO.1239 OF 2006 M/s.Rushi Construction, Mumbai : Appellant. Versus Babiben alias Bebiben Vasant Shah & Anr. : Respondents. Shri Rajiv Narula with Mr. Pramod Bhosale i/by Jhangiani, Narula & Associates for the Appellant. Mr. Vinod L Desai for the Respondent No.1. Mr. D D Mehta for Respondent No.2. Mr. K L Vyas, Court Receiver present. Appellant and Respondent No.1 present in person. CORAM : P.B.MAJMUDAR & R.C.CHAVAN, JJ DATED : NOVEMBER 16, 2009 P.C. 1. At the time of hearing of the present Appeal, the parties have placed on record the consent terms through their respective advocates. The same are taken on record and marked “X” for identification. As per the consent terms, the Appellant agrees to pay a sum of Rs.3,29,405/- to the Respondent No.1, which is paid by the Respondent No.1 at the time of book of the flat along with a sum of Rs.10,00,000/- (Rupees Ten lacs onlh) as compensation in lieu of the Respondents’ claim for specific performance of the agreement dated 3rd December 1993. The Appellant also agrees and undertakes to pay the aforesaid amounts on or before 31st December 2009. The said undertaking is accepted. The Appellant to pay the aforesaid amounts on or before 31st December 2009. The parties are directed to abide by the consent terms. The order passed by the learned Single Judge in Notice of Motion 1488 of 2006 is substituted by the present consent terms. On payment of the aforesaid amounts, the suit proceedings shall stand terminated. In view of the consent terms, the Court Receiver shall stand discharged without passing accounts. The present Appeal shall stand disposed of in view of the consent terms. [R.C.CHAVAN, J] [P.B.MAJMUDAR,J]