1 mss APPL+439 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO. 439 OF 2010 GUNVAN T BALUBHAI PAREKH .. APPELANT Vs. JOST’S ENGINEERING CO. LTD. .. RESPONDENT Mr. Q. M. Ashfaq for the appellant Mr. A. S.Daver with Mr. G. S. Poojary i/b Cr. Bayley & Co. for respondent CORAM: SMT. RANJANA DESAI & R. V. MORE, JJ. DATED: 24/9/2010 P.C. The appellant is original plaintiff. The appellant filed a company petition against the respondent company being Company Petition No. 475 of 1986. On 4/2/87 learned Company Judge directed the respondent to deposit a sum of Rs.5,24,500/- in this court. Learned Company Judge directed that, if the amount is deposited on or before 29/4/87 the company petition shall stand 2 mss APPL+439 dismissed. The appellant was directed to establish his claim by filing an appropriate suit. Suit was directed to be filed on or before 8/6/87. On such suit being filed, the amount deposited was to be transferred to the credit of the suit so filed and the Prothonotary and Senior Master of this court was directed to invest the amount in fixed deposit with the State Bank of India or any nationalized bank for such period as the Prothonotary thinks fit. The amount was deposited by the respondent as directed. The appellant accordingly filed suit in this court being Suit No. 1753 of 1987. The amount of Rs.5,24,500/- which was transferred to the suit account was invested by the Prothonotary & Senior Master. The appellant and the respondent settled the matter. On 20/11/06 the suit was disposed of by consent. Consent decree was passed. The suit was decreed in the sum of Rs.5,25,000/- together with interest thereon at the rate of 6% p.a. from the date of the suit till payment and/or realisation. 2. In the disposed of suit the appellant took out Notice of Motion No. 4468 of 2006 praying that the consent decree dated 20/11/06 be modified and the appellant be awarded Rs.5,25,000/- with interest @ 12% per annum on the said Rs.5,25,000/- from the date of the suit till payment and/or realisation. By the impugned order learned Single 3 mss APPL+439 Judge has dismissed the motion, hence this appeal. 3. It is stated in the affidavit in support of Notice of Motion No. 4468 of 2006 that while agreeing to settle the matter appellant’s advocate was under the impression that the interest would be compounded every year from the date of the suit and the total amount which the appellant would get would be much more than Rs.13-14 lakhs. On this wrong assumption of his advocate the appellant is stated to have agreed to the settlement. It is in these circumstances that the present notice of motion is taken out for modification of the consent decree dated 20/11/06. 4. In our opinion, learned Single Judge has rightly dismissed the motion. It is pertinent to note that in the same affidavit to which, we have made a reference hereinabove the appellant has stated that as per the information gathered by him from the office of the Prothonotary & Senior Master, the amount of Rs.5,24,500/- deposited by the respondent in this court and which was invested by the Prothonotary & Senior Master, as directed by this court, has now swelled to Rs.25,22,410—72. It is obvious, therefore, that the notice of motion was taken out by the appellant to try to get more amount 4 mss APPL+439 from the amount of Rs.25,22,410-72. That cannot be allowed. 5. Appellant’s advocate has reiterated the stand taken in the affidavit in support of the notice of motion. We are not impressed by the appellant’s case. The appellant had given authority to his advocate to settle the dispute. The appellant agreed to the consent decree being passed. The appellant cannot turn round and say that on the alleged ‘wrong assumption’ he agreed to settlement. He is presumed to have known how much amount he would get pursuant to the consent decree. Consent decree cannot be tampered with in this manner. No interference is necessary with the impugned order. 6. Appeal is dismissed. (SMT. RANJANA DESAI, J.) (R. V. MORE, J.)