:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUMMARY SUMMARY SUMMARY SUIT NO. 1436 OF 1984 SUIT NO. 1436 OF 1984 SUIT NO. 1436 OF 1984 Miten Jayant Khatau. ... Plaintiff. V/s. Bhakhtawar Construction Co.P.Ltd. & Anr. ... Defendants. Mr. P. Das Gupta with A. Narula for the Plaintiff. Mr. K. Basutkar i/b. ALMT Legal for Defendant 1. None for Defendant No.2. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 22ND 22ND 22ND OCTOBER 2008. OCTOBER 2008. OCTOBER 2008. P.C. P.C. P.C. : : : . Consent terms between the Plaintiff and Defendant No.1 are taken on record and marked ‘X’ for identification. 2. The Suit as against Defendant No.2 is dismissed for want of prosecution. 3. The Plaintiff and Defendant No.1 have agreed to settle the dispute upon Defendant No.1 paying to the Plaintiff a sum of Rs.4,25,000/- in the manner more particularly set out in Clause 2. The consequences in default are that the Suit will be decreed against Defendant No.1 and thereafter, the Plaintiff would be entitled to execute the decree in accordance with law. :2: 3. Both the Plaintiff and Defendant No.1 have signed these terms. The Director of Defendant No.1 is the authorised signatary and he has signed the terms. Both sides have fully understood the implications and consequences of the terms. The terms are arrived at after negotiations and willingly. The consequences of the cheque of Rs.4,25,000/- being honoured are provided in Clause 4 of the Consent terms. 4. Order in terms of the Consent Terms. The Suit is disposed of accordingly. Refund of Court fees as per rules. No order as to costs. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)