1 904.ss.1094.05.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.830 of 2011 IN EXECUTION APPLICATION NO.190 OF 2007 IN SUMMARY SUIT NO.1094 OF 2005 ALONG WITH SHERIFF‘S REPORT NO.7 OF 2011 Smt.Jasuben Khushal Gala ..Applicant v/s Jayesh Jayantilal and Co ..Original Plaintiffs Khushal Hansraj Gala ..Original Defendants Jigar Khushal Gala ..Original Respondent Mr.S.S.Murlidhar,for the Applicant. Mr.H.S.S.Murthy i/b A.P. Steenson and Associates,for Judgment Debtor Mr.Kazi Dy.Sheriff present. CORAM: S.J.KATHAWALLA, J. DATED: APRIL 27, 2011 P.C. Chamber Summons not on board. Mentioned. Taken on board. The following order is passed by consent of the parties: 1) The Advocate for the Judgment Debtor has handed over three pay orders aggregating to Rs.27,35,280/-to the Judgment Creditor. The Judgment Debtor undertakes to pay a further amount of Rs.27,64,720/-to the Judgment Creditor as follows:- 2 904.ss.1094.05.sxw a) Rs.1764720/- on or before 22nd June,2011. b)the balance amount of Rs.10,00,000 /- on or before 3rd August,2011. 2) The Judgment Debtor agrees and undertakes not to seek extension of time for payment of any of the above two installments under any circumstance. The undertaking is accepted. 3) The Judgment Creditor agrees and undertakes that in the event of the Judgment Debtor paying the afore-stated amount of Rs.27,64,720/- as agreed , the decree shall be marked satisfied. 4) In the event of the Judgment Debtor committing default in payment of any of the above two installments the entire decreetal amount shall become payable forthwith and the office of Sheriff of Mumbai shall forthwith proceed to sell the flat which is already attached and hand over the decreetal amount to the Judgment Creditor. For this purpose the reserve price for the suit flat is fixed at Rs.55,00,000/- 5) The Judgment Debtor further undertakes to pay all the costs charges and expenses payable to the office of Sheriff of Mumbai and to the Commissioner for taking Accounts on or before 15th August,2011. 6) The Chamber Summons taken out by the Judgment Debtor stands disposed of. The Advocate for the Judgment Debtor undertakes to have the Chamber Summons numbered within a period of one week from today. 7) The Report of the office of Sheriff of Mumbai No.7 of 2011 also stands disposed of. ( S.J.KATHAWALLA, J )