: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.470 OF 2007 IN SUMMARY SUIT NO.3989 OF 2003 Dena Bank ....Plaintiff V/s. Shri Ram Metal Industries & Ors. ....Defendants Mr.P.J. Pandit i/b B.M. Gupta & Associates for the Plaintiff. Mr.Birendra B. Saraf for the Defendants. CORAM : S.J. VAZIFDAR, J. DATED : 4TH FEBRUARY, 2008. P.C. : 1. Mr.Pandit, the learned counsel appearing on behalf of the Plaintiff states that the matter has been settled between the parties. The Plaintiff’s Manager is present in Court and willing to sign the consent terms. The Defendants are presently not present. However, the learned counsel appearing on behalf of the Defendants makes a statement that he has instructions to agree to the order I propose passing. 2. In the circumstances, the Summons for Judgment and the suit are disposed of in the following terms by consent :- : 2 : i). Decree as prayed. ii). However, in the event of the Defendants paying to the Plaintiff a sum of Rs.5,00,000/- in the manner stated hereafter decree to be marked fully satisfied. A sum of Rs.4,00,000/- has already been paid by a pay order issued by Yes Bank, Nariman Point branch. The Plaintiff shall be entitled to encash the said pay order. The balance amount of Rs.1,00,000/- shall be paid on or before 30.6.2008. Upon the receipt of the said amount of Rs.1,00,000/-, the Plaintiff undertakes to mark the decree fully satisfied and in any event the decree shall be deemed to have been marked fully satisfied by virtue of this order. Further upon the receipt of the balance sum of Rs.1,00,000/-, the Plaintiff shall issue no dues certificate to the Defendants. Refund as per rules.