1 nms1109-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1109 OF 2011 IN SUIT NO.581 OF 2011 Thadeshware Builders & Developers ....Plaintiff V/s. Matushri Kanbai Lalbai & Balikaagrah & Ors. ....Defendants Mr.A.S. Karwande for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 14TH NOVEMBER, 2011. P.C. :- 1. The plaintiff claims a decree on admission. The admission is alleged to be contained in a letter dated 5.1.2010. By the said letter, the defendants agreed to pay the amounts towards the final certificate, retention money and final certificate for extra items. However, the same was obviously in the course of negotiations. Further the defendants expressly stated that the plaintiff shall be entitled to collect the payment “as full and final settlement as per meeting at Shri Bansibhai office”. The tender was therefore, subject to the condition that the plaintiff accept the same as full and final settlement. 2 nms1109-11 2. The plaintiff refused to do so. There is no acceptance of the admission of the amount. The notice of motion is therefore, dismissed.