1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1320 OF 2009 Ravi Ramula Sadamastula Plaintiff versus Adumber Construction Comp and another Defendants Mr.Gautam Ankhad a/w Mr.Viral D.Shukla i/by Shukla & Associates for plaintiff. Ms.Tanmayi Gadre i/by Ashok Purohit & Co. for defendant nos.1 and 2. CORAM : S.J.KATHAWALLA, J. DATE : 1st April 2011 PC : 1. Since the defendants have not filed their written statement the above suit has appeared under the caption "For Ex-parte Decree". However, when this matter was called out yesterday for ex-parte decree, the learned advocate for the defendants appeared and informed the Court that the written statement was not filed since the parties were trying to settle the dispute between them. On perusing the roznama I found that the parties had repeatedly obtained time from the Court on the ground of settlement and in fact on one occasion time was taken from the Court for filing the consent terms. Learned advocate for the defendants informed the Court that her clients are even now ready to settle the matter if the differences between the parties qua the payment of certain additional amount is sorted out. The matter was therefore kept back up to 3.00 p.m.. when the learned advocate for the defendants expressed inability of her client to remain present and requested that the matter be kept today at 11.00 a.m.. Today when the matter is called out the plaintiff as well as Mr.Vasant Patel-defendant no.2 and partner of defendant no.1 are present in person. 2 2. It is not in dispute that an amount of Rs.12.00 lakhs is due and payable by the plaintiff to the defendants as of today. Both the learned advocates appearing for the parties after making their respective submissions have, on instructions, submitted that they will accept the figure suggested by the Court to be paid by the plaintiff to the defendant towards additional payment over and above the sum of Rs.12.00 lakhs admittedly payable by the plaintiff to the defendants. 3. In view thereof, following order is passed by consent of the parties :- (a) The plaintiff shall forthwith pay an amount of Rs.12.00 lakhs to the defendants; (b) The plaintiff shall, in addition to the said amount of Rs.12.00 lakh, pay an additional amount of Rs.8.50 lakhs to the defendants within a period of eight weeks from today; (c) Upon payment of the said amount of Rs.12.00 lakhs + Rs.8.50 lakhs within the time stipulated, the defendants shall forthwith hand over the possession to the plaintiff of the suit flat duly completed as per Annexure-F to the Agreement dated 22nd June 2005; (d) In the event the plaintiff fails to pay the said amount of Rs.8.50 lakhs to the defendant within eight weeks from today, the plaintiff shall not be entitled to the possession of the suit flat but shall only be entitled to refund of the amount of Rs.12.00 lakhs along with an amount of Rs.3.95 lakhs which has already been paid by the plaintiff to the defendants, with interest @ 18% p.a. from the date of payment, within a period of one week from the date of the breach of the payment of additional amount to the defendants; 3 (e) The plaintiff also undertakes to pay approximately a sum of Rs. 45,000/- to Rs.50,000/- to the defendants being reimbursement of the amounts paid by the defendants in respect of the suit flat pursuant to Clause-27 of the Agreement dated 22nd June 2006. Needless to add that the said amount shall be paid by the plaintiff to the defendants after the defendants forward invoices/bills confirming payment of the said amount by the defendants; (f) Upon compliance of clauses (a) to (e) above, the parties shall have no claim against each other of whatsoever nature against each other; (g) The parties shall co-operate with each other for the purpose of implementation of this order; (h) Except for seeking extension of time to make the additional payment, parties are granted liberty to apply if the need so arises; 4. The suit accordingly stands disposed of. Refund of court fees, if any, as per rules. (S.J.KATHAWALLA, J.)