acd 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 70 OF 2008 IN SUMMARY SUIT NO. 3070 OF 2007 Paresh T. Vora … Plaintiff. Vs. Babli S. Seth & Ors. … Defendants. AND SUMMONS FOR JUDGMENT NO. 71 OF 2008 IN SUMMARY SUIT NO. 3025 OF 2007 Sukesh T. Vora … Plaintiff. Vs. Babli S. Seth & Ors. … Defendants. ---- Mr. S.T. Manek, for the Plaintiff. Mr. V.B. Yadav, for the Defendants. --- CORAM: S.J. VAZIFDAR, J. DATED: 27 TH JULY, 2009 . P.C.: 1. The learned counsel appearing on behalf of the defendants states that the defendants will sign a cheque drawn by the company for the entire amount of claim in both the suits on or before 3rd August, 2009. The interest shall be calculated up to and including 3rd August, 2009. The acd 2 Plaintiff shall, if necessary, sign the cheque which is to be issued to him by the company. 2. In the event the amount is paid as aforesaid, the above suits shall stand dismissed. It is, however, clarified that the question as to the manner in which the adjustments are to be made in the accounts of the company is left open. The question as to whether the defendants will be personally liable to the company for the same is also kept open. In the event of the cheque being honoured, the learned counsel appearing on behalf of the Plaintiff in both the suits upon taking instructions states that he will not pursue the complaint filed under Section 138 of the Negotiable Instruments Act and will apply for withdrawing/compounding the same in respect of the claim in both the suits. 3. In the event of the amount is not received by the Plaintiff in the manner stated above, the Summons for Judgment in both the suits are made absolute and both the suits shall stand decreed as prayed, Refund, if any, as per rules.