1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3585 OF 2008 IN SUMMONS FOR JUDGMENT NO.83 OF 2006 IN SUMMARY SUIT NO. 3388 OF 2005 BASF India Ltd. ...Plaintiffs Vs. M/s. Mega Packs ...Defendants Mr. A.S. Rao for the Plaintiffs Mr. Birendra Saraf with Mr. Vishal Kanade i/b. N. Shah & Himyatulla for Defendants CORAM : SMT. ROSHAN DALVI, J. DATED : 30TH MARCH, 2010 P.C. : 1. The Defendant has applied for setting aside the judgment and decree dated 18 th July 2006. That judgment and decree is passed under a consent order. The Defendant himself had consented to deposit Rs.10 lakhs in 2 installments as shown in Clause 1 of the order to get the Summons for 2 Judgment dismissed. The Defendant No.1 further agreed that upon failure, the Suit would stand decreed as prayed. 2. The amounts were not deposited. The Suit stood decreed as prayed. The Plaintiff as sought to execute the decree. The Defendant has applied for stay of execution. 3. The consent order cannot be set aside since it is an order passed with consent of the Defendants. Hence, the Notice of Motion is dismissed. 4. The amount of Rs.10 lakhs already deposited by the Defendant shall be allowed to be withdrawn by the Plaintiff along with all accrued interest. The Plaintiff shall give credit to the Defendant to the extent of Rs.10 lakhs whilst executing the decree. (SMT. ROSHAN DALVI, J.)