1 sj194-08.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGEMENT NO.194 OF 2008 IN SUMMARY SUIT NO.1153 OF 2008 CIBA (Malaysia) SDN.BHD (Company No.329195-A) .. Plaintiff versus R.Nagardas & Co .. Defendant Mr.V.Dhond a/w Mr.B.D'Souza i/by Malvi Ranchoddas & Co for the plaintiff. Mr.A.R.Pande for the defendant. Mr.J.Parekh, partner of defendant present. CORAM : S.C.DHARMADHIKARI, J. 14th September 2011. P.C.: 1] This summons for judgement was placed for hearing and final disposal on earlier occasions and at that stage, it was intimated by parties that they are willing to amicably settle the matter. While the plaintiffs' claim a decree in the sum of Rs.87 lakhs, the defendants stated that the decretal claim should not exceed Rs.60 lakhs. Since there is difference between two figures, both sides agreed to leave the matter to Court insofar as the figure exceeding Rs.60 lakhs. 2 sj194-08.doc 2] After some arguments, both sides agree that the defendants will submit to a decree on admission in the sum of Rs.75 lakhs and upon payment of the said sum in the following manner, the plaintiffs' claim in the suit will be marked as fully settled and satisfied. The defendants will not, thereafter, have to pay any further sums either as principal or interest. 3] It is also agreed between the parties that a sum of Rs.60 lakhs will be paid within three months from today. As far as balance sum of Rs.15 lakhs is concerned, the same shall be paid within a period of five months from today. In other words, the first payment of Rs.60 lakhs will be made within three months and the balance sum of Rs.15 lakhs shall be paid within two months thereafter but within five months from today. 4] If the sums as aforesaid are paid as directed, the same shall be accepted in full and final settlement of claims in the suit and all the claims of the plaintiffs in the suit shall then stand decreed accordingly. 3 sj194-08.doc 5] Needless to state that any default in payment of Rs.60 lakhs within three months shall entail in the suit being decreed as prayed and, thereafter, the plaintiffs can recover the balance sum together with interest in accordance with law by executing and enforcing the decree. 6] The suit stands decreed in the aforementioned terms with appropriate refund of court fees being granted to the plaintiffs. All concerned to act on an authenticated copy of this order. This order is passed in the presence of Mr.J.Parekh, Partner of defendants. (S.C.DHARMADHIKARI, J)