1 GRN.527.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GARNISHEE NOTICE NO. 527 OF 2010 WITH CHAMBER SUMMONS NO. 607 OF 2010 IN EXECUTION APPLICATION NO. 134 OF 2009 (VISAKHAPATNAM) IN SUIT NO. 697 OF 2000 Hindustan Engineering & Construction Co. ... Plaintiffs. V/s. The A.B. G. Heavy Industries Ltd. ... Defendants. Mr. N.V. Moye for the Plaintiffs. Ms. Cynthia Pereira and Mr. Vishal Kanade i/b. Rajani Associates for the Respondents. Mr. K.A. Suryanarayanan for Axis Bank. CORAM : R.Y. GANOO, J. DATED : 30th AUGUST 2010. P.C. :- Learned Counsel appearing on behalf of Axis Bank, upon instructions and on the basis of letter dated 26th August 2010 sent by the Bank to him states that Axis Bank is holding with them a sum of Rs.8,97,000/- and odd amount. 2 GRN.527.10.sxw 2. Learned Counsel for the Plaintiffs as well as learned Counsel for the Defendants inform the Court that they have agreed that if the Plaintiffs receive a sum of Rs.8,50,000/- in one stroke, the Plaintiffs would give up the rest of the decreetal amount and the decree shall be marked as satisfied. The learned Counsel for the Defendants states that they have no objection if Axis Bank pays to the Plaintiffs directly by pay order a sum of Rs.8,50,000/- towards the claim in the Suit within four days from the production of the authenticated copy of this order. 3. In view of the above, following order is passed :- (i) Axis Bank i.e. the Garnishee of the Defendants is directed to pay to the Plaintiffs a sum of Rs.8,50,000/- by drawing a pay order within four days from production of authenticated copy of this order. (ii) Upon such payment and the pay order getting realized, the decree shall be marked as fully satisfied. (iii) After receipt of Rs.8,50,000/-, the Plaintiffs will move the Office with a original decree for marking decree as satisfied. (iv) After payment of Rs.8,50,000/- as above, Axis Bank is free to deal with the balance amount as between them and the Defendants in accordance with the provisions of 3 GRN.527.10.sxw law and it has nothing to do with the present proceedings. (v) Office to issue authenticated copy of this order to the learned Counsel for the Plaintiffs. 4. In view of above, Chamber Summons No. 607 of 2010 stands disposed of. If any other interim proceeding is pending, same also stands disposed of. (R.Y. GANOO, J.)