1 NMS1185.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1185 OF 2010 IN SUIT NO. 1040 OF 2010 Benchmark Projects Pvt. Ltd. ... Plaintiffs. V/s. Rajendra Khedekar and Ors. ... Defendants. Mr. B.P. Saraf with Deepali Khare i/b. Shiralkar & Co. for the Plaintiffs. Mr. E.A. Sasi for Defendant 3. Mr. Mahesh Londhe i/b. M/s. Sanjay Udeshi & Co. for Defendant No.4. Mr. Mustafa Azad, C.A. of Defendant No.2 present. CORAM : R.Y. GANOO, J. DATED : 18th AUGUST 2010. P.C. :- Heard learned Counsel on both sides. Learned Counsel for Defendant No.3 tried to suggest that the compensation which was agreed to be paid was Rs.90/- per sq.ft. and for an area of 180 sq.ft., compensation would be Rs.16,200/-. Learned Counsel wanted to modify the figure from Rs.5,000/- to Rs.16,200/-. Learned Counsel for the Plaintiffs contended that what was agreed to be paid to Defendant No.3 was lump sum amount and after due negotiations, sum of Rs. 5,000/- per month was agreed to be paid for period as mentioned in the consent terms. 2 NMS1185.10.sxw 2. Looking to the terms which were signed by Defendant No.3, it is clarified that the terms were put to all the parties. They had understood it and then each of the party had tendered its signature. It is not now open for Defendant No.3 to suggest some figure contrary what was agreed and stated in the consent terms. 3. The application for speaking to the minutes of the order dated 3rd August 2010 is disposed of accordingly. 4. The Matter is kept back till 3.00 p.m. as there is a possibility of settlement between the Plaintiffs and Defendant No.2. (R.Y. GANOO, J.)