1 918.nms-4125-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 4125 OF 2009 IN SUMMARY SUIT NO. 145 OF 2006. Sanjay Vinod Mehta. ..Plaintiff. vs. Hotel Shri Krishna & Ors. ..Defendants. .... Ms. Kavita lalwani, for Plaintiff. Mr. Rakesh K. Agarwal, for Defendant Nos.2 &3. .... CORAM : S.J. KATHAWALLA, J. DATE : 20TH JULY 2011. P.C. : By this Notice of Motion, the Defendant Nos. 2 and 3 have prayed that the ex-parte decree dated 5th September 2006 passed by this Court against the Defendant Nos. 2 and 3 be set aside and the Defendant Nos. 2 and 3 be permitted to file their appearances in the Suit. The Defendant Nos. 2 and 3 have already deposited an amount of Rs.1,50,000/- with the Prothonotary and Senior Master of this Court in compliance with the order passed by this Court dated 2nd September 2009 in Insolvency Petition No. 41 of 2008. 2. After hearing the learned Advocates appearing for the parties, the following order is passed by consent of the parties :- (i) The ex-parte decree dated 5th September 2006 passed by this Court against the Defendant Nos. 2 and 3 is set aside. (ii) The Prothonotary and Senior Master shall hand over the amount of Rs.1,50,000/- along with interest accrued thereon, if any, to the Plaintiff within a period of two weeks from today which amount the Plaintiff shall accept in full and final settlement of his 2 918.nms-4125-09 claim in Summary Suit No. 145 of 2006. (iii) Upon receipt of the said amount of Rs. 1,50,000/- with interest accrued by the Plaintiff, the parties shall not have any claim of whatsoever nature against one another. (iv) The Notice of Motion is accordingly disposed of. [ S.J. KATHAWALLA, J. ]