1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3590 OF 2009 IN SUIT NO. 2587 OF 2009 Damodar D. Dhond. ... Plaintiff. V/s. Tirupati Tower CHS. Ltd. ... Defendant. Ms. Rachana Chavan for the Plaintiff. Mr. S.P. Borhade a/w. P.V. Malik for the Defendant. CORAM : S.C. DHARMADHIKARI,J. DATED : 21st NOVEMBER 2009. P.C. :- It is stated that the Plaintiff and Defendant have settled their claims. 2. The Suit is filed for recovery of a sum of Rs.12,35,433/-. 3. However, after negotiations, the Plaintiff has agreed to accept a sum of Rs.10,78,433/- in full and final settlement of his claim. 4. The Defendant has made payment of this sum by 21 post dated cheques each of which is handed over to the Plaintiff’s Advocate in Court today. 2 5. It is stated that if these cheques are honoured upon presentation, the Plaintiff will not press the claim. In default of the cheques/first cheque being dishonoured, there will be a decree as prayed, 6. If the cheques are not dishonoured as agreed by parties, then, the Suit claim shall stand settled and thereafter, the Plaintiff will not be able to claim any amount from the Defendant. 7. The Consent Terms recording above have been signed by the Plaintiff and the Advocate so also the Defendant – Society, through its Secretary. There are prolonged negotiations and discussions, thereafter, the matter has been settled. The Plaintiff has not been forced to agree for settlement. The terms have been signed willingly. 8. In these circumstances, I am satisfied that the claim of the Plaintiff can be allowed in terms of the Consent Terms. They are, therefore, taken on record and marked ‘X’ for identification. There will be a decree in terms of the Consent Terms and as directed above. All Notices of Motion pending before the Court in the present Suit stand disposed off accordingly. No order as to costs. The Court fees shall be refunded as per Rules upon compliance. The decree withdrawn accordingly. (S.C. DHARMADHIKARI,J.)