1 901.sj-110-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMONS FOR JUDGMENT NO. 110 OF 2011 IN SUMMARY SUIT NO. 1042 OF 2006. Chandresh Jayantilal Shah. ..Plaintiff. vs. Krishnakath Shetimal Prakriya Sahakari Sanstha @ Krishnakath Shetimal Prakriy & Sathavanuk Sahakari Sanstha Limited. ..Defendants. .... Mr. P.V. Shah, for Plaintiff. Mr. Shekhar Jagtap, for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 7TH JULY 2011. P.C. : The following order is passed by consent of the parties :- (i) The learned Advocate appearing for the Defendants on instructions states that the Defendants have no objection if the amount of Rs.4,31,000/- deposited by the Defendants with the Prothonotary and Senior Master of this Court pursuant to the order dated 26th November 2007 is allowed to be withdrawn by the Plaintiff in full and final settlement of the Plaintiff’s claim in Summary Suit No. 1042 of 2006. (ii) The learned Advocate appearing for the Plaintiff on instructions informs the Court that the Plaintiff has instructions not to proceed with the Suit if the amount of Rs.4,31,000/- deposited by the Defendants with the Prothonotary and Senior Master of this Court is allowed to be withdrawn by the Plaintiff with interest accrued thereon, if any. 2 901.sj-110-11 (iii) The Prothonotary and Senior Master of this Court is therefore directed to forthwith encash the fixed deposit of Rs.4,31,000/- i.e. the amount deposited by the Defendants with the Prothonotary and Senior Master in Summary Suit No. 1042 of 2006 and hand over the said amount with interest accrued thereon, if any, to the Plaintiff. (iv) Upon receipt of the said amount of Rs.4,31,000/-, parties shall have no claim of whatsoever nature against each other. (v) Summary Suit No. 1042 of 2006 is accordingly disposed of. Summons for Judgment No. 110 of 2011 also stands disposed of. Refund of Court fees, if any, as per Rules. (vi) Prothonotary and Senior Master to act on a copy of this order duly authenticated by the Associate of this Court. [ S.J. KATHAWALLA, J. ]