- 1 - 13.sj.182.11 s.110.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.182 OF 2011 IN SUIT NO.110 OF 2011 Bhimshi Gellabhai Gala ..Plaintiff -Versus- Chandrakant Bhawanji Dedhia ..Defendant .......... Mr.Mahesh Londhe i/b Sanjay Udeshi & Co. for the Plaintiff. Mr.A.Dasgupta i/b Jhangiani, Narula & Associates for the Defendant. Mr.Chandrakant Bhawanji Dedhia – Defendant present. .......... CORAM : S.J. VAZIFDAR, J. DATE : 20TH JULY 2011. P.C. 1 The suit is disposed by the following order passed with the consent of the parties : (i) The defendant submits to a decree on admission for the sum of Rs.2 crores together with interest at 6% per annum thereon from 4th October 2010 till payment. (ii) The defendant agrees and undertakes to pay the amount in ten equal monthly installments of Rs. - 2 - 13.sj.182.11 s.110.11 20,00,000/- each plus interest on the reducing balance commencing from 1st February 2012. (iii) In consideration of the plaintiff consenting to the amount being paid in installments, the defendant agrees and undertakes that in the event of his committing default in payment of any installment, interest shall be paid by him at the rate of 12 % per annum throughout the period i.e. from 4th October 2010. (iv) The defendant undertakes to pay any amount that he receives upon the sale of the property being agricultural plot being survey No.12 admeasuring 5 Hectars 29 Acres along with base land situated at village Pangaloli under Panchayat Committee of the Malval in Jilla Parishad Pune, first towards the satisfaction of the above amount. Any costs, charges, expenses incurred in respect of this shall be paid only by the defendant. (v) The defendant agrees and undertakes to issue ten post dated cheques i.e. 1st February 2012 to 1st November 2012, within two weeks from today. The cheques ought to be forwarded to the plaintiff’s advocate. 2 The defendant is present in Court. The statements made and the undertakings are accepted. No order as to costs. Refund of court fees if any, as per rules.