1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2805 OF 2009 IN SUIT NO.1971 OF 2009 Dhanji Naran Patel .. Plaintiff Versus Jagdish Wamanrao Rane .. Defendant. Mr.G.S.Bhat for plaintiff Mr.A.Y.Sakhare, Senior Advocate i/b. Prashant Chavan and Vinay Bhate for defendant. CORAM : S.C.DHARMADHIKARI, J. DATE : November 10, 2009. P.C.: 1] This notice of motion was placed for hearing and final disposal today. Both plaintiff and defendant are present in court. I have heard Mr.Bhat appearing for plaintiff and Mr.Sakhare, learned Senior Counsel for defendant at some length. 2] After the matter was argued for some time, upon a suggestion from the Court, the parties have mutually agreed that if the plaintiff is paid a 2 sum of Rs.2.45 Crores by the defendants. The plaintiff will accept it in full and final settlement of all his claims and, thereafter, proceed to withdraw the suit. Mr.Sakhare appearing for defendant, after taking instructions from the defendants states that the sum as determined by the Court is acceptable to him. However, the defendant would require some time to make the payment. Mr.Bhat after taking instructions from the plaintiff makes a statement that the plaintiff is also ready and willing to accept this sum in full and final settlement of the claims. 3] Accordingly, following order:- a) Defendant shall pay a sum of Rs.2.45 Crores to the plaintiff in the following manner:- 1. An amount of Rs.1.50 Crores within a period of four weeks from today; 2. Balance sum be paid within two weeks from the date of initial/ aforesaid payment is made. 3. After the payment is made by the defendant to the plaintiff, the defendant is at liberty to apply for vacating the ad-interim order in 3 this suit and needless to state that even if plaintiff is not ready, willing and agreeable to withdraw the suit, this Court will pass appropriate orders, including vacating the interim injunction; 4. Needless to state that since the plaintiff has agreed to apply for withdrawal of the suit, he can put in a request in that behalf and the Court will proceed to place the matter for withdrawal. 5. Notice of motion stands disposed of in the aforesaid terms. 6. Ad-interim order to continue subject to above. (S.C.DHARMADHIKARI, J)