1 chs 1857.10.doc ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS 1857 OF 2010 IN SUMMARY SUIT NO. 336 of 2009 Ahmed M.Rowjee .. Plaintiff versus Mr.Sadruddin H.Daya and ors .. Defendants. Mr.Ahmed M.Rowjee, plaintiff in person Mr.Jagdish Chaudhary i/b M/s.Nankani & Associates, for defendants CORAM: S.J.KATHAWALLA, J. DATED: MARCH 9, 2011 P.C. The plaintiff as well as the defendant no.1 are present in court. The plaintiff has informed the court that he is willing to accept an amount of Rs.5,00000/- in full and final settlement of all his claims against the defendants. He has further informed the court that upon receipt of the amount of Rs.5 lacs, 2 chs 1857.10.doc he shall also not press any of the complaints filed by him against the defendants and their family members including MECR No.15/2008 pending before LT Marg Police Station. The defendant no.1 who is present in court has informed the court that he is willing to pay a sum of Rs.5 lacs to the plaintiff in full and final settlement of his claim. He further submits that Rs.4 lacs have already been deposited by the defendants in this court. The plaintiff may be allowed to withdraw the said sum of Rs. 4 lac and an amount of Rs.1 lac will be paid by him to the plaintiff within one week from today. 2. In view of the above the following order is passed by consent of the parties. I] the defendant shall pay an amount of Rs.5 lacs to the plaintiff in full and final settlement of all his claims against the defendants. II] The said amount of Rs.5 lacs set out in clause ‘I’ above shall be paid to the plaintiff as follows: a] The amount of Rs.4 lacs deposited by the defendants with the Prothonotary and Senior Master / Registrar (OS) of this court shall be handed over by the Prothonotary and 3 chs 1857.10.doc Senior Master to the plaintiff within a period of four weeks from today alongwith interest accrued thereon, if any. b] An amount of Rs.1 lac shall be paid by the defendants to the plaintiff within one week from today i.e. a demand draft of Rs.1 lac drawn in the name of the plaintiff shall be forwarded by the advocate for the defendant to the advocate for the plaintiff III] In view of the above, the plaintiff shall not press any proceedings which are filed by him against the defendant and / or their family members before any court of law including MECR NO.15/08 pending before LT Marg Police station. 3. Suit is accordingly disposed of. In view of the disposal of suit, Notice of Motion No. 1857 of 2010 also stands disposed of. Refund of court fees, if any, as per Rules ( S.J.KATHAWALLA,J )