1 901.nms-1054-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 1054 OF 2011 IN SUIT NO. 1318 OF 2009 ALONG WITH NOTICE OF MOTION NO. 1742 OF 2011. Alka Vishnu Patkar. ..Plaintiff. vs. Shashikant Krishnaji Mane. ..Defendant. .... Mr. Mahesh Patil, Ms. Purvi Doctor, i/b. India Law Alliance, for Plaintiff. Ms. P. Khandke, i/b. M.P. Vashi, for Defendant. Mr. Nitesh Bhatekar, for Ashok Pande. .... CORAM : S.J. KATHAWALLA, J. DATE : 16TH JUNE 2011. P.C. : Pursuant to the order dated 29th April 2011, the proposed purchaser Shri Ashok Laxminarayan Pande has tendered two bankers cheques of Rs.81 lacs. and Rs. 11 lacs. aggregating to Rs.92 lacs. 2. In view thereof, the following order is passed by consent of the parties :- (i) The Defendant Shri Shashikant K. Mane and Shri Ashok Laxminarayan Pande has executed the agreement for sale in respect of the Suit flat in Court. Under the said agreement, it is recorded that the purchaser has paid Rs. 92 lacs. to the vendor and the balance consideration of Rs. 48 lacs. shall be paid by the purchaser to the vendor upon getting possession of the Suit flat from the vendor. (ii) The Advocate for the Plaintiff has agreed to accept the sum 2 901.nms-1054-11 of Rs.92 lacs. from the Defendant in full and final settlement of his decreetal claim. (iii) The Prothonotary and Senior Master shall forthwith deposit the said two bankers cheque with the Bank of India, Juhu Branch and upon receiving the said amount of Rs.92 lacs. forthwith hand over the same to the Plaintiff i.e. by drawing a cheque of Rs. 92 lacs. in favour of Mrs. Alka V. Patkar, the Plaintiff herein. (iv) The Defendant shall hand over the possession of the Suit flat to the purchaser and/or his nominee only on or after 15th July 2011. (v) Upon receipt of the amount of Rs. 92 lacs. from the Prothonotary and Senior Master of this Court, the Plaintiff shall undertake to issue a letter to the society recording her no objection to the Suit flat being transferred in the name of Ashok Laxminarayan Pande. (vi) Save and except what is recorded herein, the Plaintiff and the Defendant do not have any claim of whatsoever nature against each other. The Suit as well as the Notice of Motion No. 1054 of 2011 stand disposed of. Notice of Motion No. 1742 of 2011 also stand disposed of. [ S.J. KATHAWALLA, J. ]