(1.) It would be convenient to set out the prayers in the Notice of Motion as they are involved and the scope thereof were the subject matter of controversy. The prayers read as under :
(2.) The suit was filed for a declaration that the contract entered into between the Plaintiff and Defendant No.1 is valid, subsisting and binding upon Defendant Nos.1 to 5. Defendant Nos.2 to 5 are individuals. Defendant No.6 is the Mumbai Metropolitan Regional Development Authority (MMRDA). Defendant No.7 is the Union Bank of India and Defendant No.8 is the Bombay Municipal Corporation (BMC). The Respondents were at the material time the advocates of Defendant Nos.1 to 3 as well as the escrow agents appointed under the Consent Terms I shall refer to shortly.
(3.) It is not necessary to refer to the interlocutory proceedings taken out in the suit. By an order dated 7.7.2005, the suit was decreed in terms of the consent terms entered into between the Plaintiff and Defendant Nos.1 to 3. By the said order, Defendant Nos.6 to 8 were directed to provide all cooperation to enable the Plaintiff and Defendant Nos.1 to 3 to implement and act in pursuance of the decree. The matter was directed to be put up on 11.7.2005 for further directions. Clauses 4 to 8 of the consent terms read as under :
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