1 NMS.489/2010 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 489 OF 2010 WITH SUMMONS FOR JUDGMENT NO.119 OF 2010 IN SUMMARY SUIT NO. 489 OF 2010 Sanjeev M. Gupta . ..Plaintiff. Vs. B.R. Films . ..Defendants. ---- Mr. G.B. Kedia, for the Plaintiff. Mr. S.N. Nath i/b Desai, Desai & Co., for the Defendants. --- CORAM: S.C. DHARMADHIKARI, J. DATED : 1st SEPTEMBER 2010. P.C. 1] The plaintiffs have filed the suit under Order XXXVII of Code of Civil Procedure, 1908 on the basis of a written contract and an admission of liability as set out in detail in the plaint. 2] After the appearance was entered and the Summons for Judgment has been moved, the parties negotiated for overall settlement. Accordingly, the defendants are ready and willing to submit to a decree on admission in terms of prayer clause (a) of the plaint. Further, the parties have accepted that on payment of the principal sum in the manner set out 2 NMS.489/2010 in the minutes of decree on admission, they would have no claim against each other. In other words, this amount will be accepted in full and final settlement provided it is paid within the stipulated time by the clause of the minutes. In the event of default, there will be a decree as prayed and the plaintiffs would then give credit to the defendants of the amount duly received and adjusted by them. 3] Thse minutes has been signed by both the plaintiffs and the defendants. The defendants have authorized Shri Ravi Chopra, who is a partner of the defendants-firm to sign these consent terms. His signature has been appended thereto. 4] These minutes are taken on record and marked 'X' for identification. There will be an order in terms of these minutes. In other words, a decree on admission as prayed is granted. The suit is disposed of accordingly. The refund of Court fees as per rule. 5] The Summons for Judgment does not survive in the light of the disposal of the suit. [S.C. DHARMADHIKARI, J.]