1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.28 OF 2008 IN SUMMARY SUIT NO.1554 OF 2007 Suhas Manohar Naik Plaintiff versus Preeti Co-op. Housing Society Ltd. Defendant Mr.Santosh Shetye i/by Ms.Trupti P., Rangnekar for plaintiff. Mr.Jayesh Deora, Mr.Sanjay Jadhav, Mr.Kundan Shah, Sajjan Khemali, members of society present. Mr.R.M.Haridas for defendant nos.2 and 3. Mr.Jatin Parekh, partner of M/s.Sajj Developers present. CORAM : S.J.KATHAWALLA, J. DATE : 14th March 2011 PC : 1. Pursuant to the order passed by this Court dated 8th March 2011 Mr.Jatin Parekh, partner of M/s.Sajj Developers is present in Court. The office bearers/members of the managing committee of the society are also present before this Court. They have on an earlier occasion handed over an application to this Court dated 7th March 2011 which is signed by all the 28 members of the society wherein all the members have admitted that an amount of Rs.25.00 lakh is due and payable by the society to the plaintiff and that Mr.Jatin Parekh, partner of M/s.Sajj Developers has agreed to settle the claim of the plaintiff in the sum of Rs.25.00 lakh. 2. After hearing the advocates for the plaintiff, the defendant and Mr.Jatin Parekh, partner of M/s.Sajj Developers, the following order is passed by consent of the parties :- 2 (a) M/s.Sajj Developers and Mr.Jatin Parekh-partner of M/s.Sajj Developers are joined as defendant nos.2 and 3 to the present suit. The amendment to be carried out in the course of the day. Reverification is dispensed with; (b) Mr.Jatin Parekh on behalf of M/s.Sajj Developers undertakes to this Court that they shall pay an amount of Rs.25.00 lakh to the plaintiff on or before 2nd May 2011. The undertaking is accepted. (c) Upon payment of the said amount of Rs.25.00 lakh by the newly added defendant nos.2 and 3 to the plaintiff, the plaintiff shall have no claim of whatsoever nature against the society and the defendant nos.2 and 3 shall not have any development rights in respect of the property of the defendant no.1 society; (d) The members of the society through the members of managing committee who are present in the Court undertake to this Court that they shall co-operate with the defendant nos.2 and 3 qua implementation of the Agreement, dated 21st December 2004 executed between the defendant nos.2 and 3 and the members of the society. (e) The suit as well as the summons for judgment stands disposed of. However, the plaintiff shall have liberty to apply if the defendants fails to pay an amount of Rs.25.00 lakh to the plaintiff on or before 2nd May 2011. Refund of court fees if any as per Rules. (S.J.KATHAWALLA, J.)