1 sj129-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.129 OF 2011 IN SUMMARY SUIT NO.257 OF 2011 ALONGWITH SUMMARY SUIT NO.257 OF 2011 Deepak P. Gurnani ....Plaintiff V/s. Murlidhar Aswani & Anr. ....Defendants Ms.Rinku Mistry i/b Purohit & Co. for the Plaintiff. Mr.Munir Merchant for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 23RD JUNE, 2011. P.C. :- 1. The learned advocate appearing on behalf of the defendants has handed over the pay order, which is accepted by the plaintiff in full and final settlement of the claim in the suit, subject to realization thereof. 2. The suit is therefore, allowed to be withdrawn. 3. Refund as per rules. 4. It is however, clarified that in the event of the pay order not being honoured for any reason, the suit shall stand revived. 5. Subject to the pay order being encashed, the plaintiff agrees and undertakes not to adopt any other proceedings of any nature 2 sj129-11 whatsoever in respect of the claim in the suit or any claim connected therewith, and if any other proceedings are pending, they will make an application for withdrawal of the same. 6. The summons for judgment and the suit stand disposed of accordingly with no order as to costs.