` 1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 492 OF 2007 IN SUMMARY SUIT NO. 2455 OF 2007 Diwansons Holding & Consultancy Pvt.Ltd. ...Plaintiff. Vs. Aslam Noor & Ors. .. Defendants. ---- Ms. Kavita Lalwani, for the Plaintiff. Mr. R.D. Mishra i/b Raj & Assoc., for Defendant no.3. ---- CORAM: S.J. VAZIFDAR, J. DATED : 5TH AUGUST 2009 P.C.: 1. The suit is disposed of with the consent of the parties in the following manner:- i) The Summons for Judgment is made absolute and the suit is decreed as prayed. ii) However, in the event of the Defendant paying to the Plaintiff a sum of Rs.1,42,000/- in 18 equal monthly installments on or before 10th of each month, the first of which shall be on 10.09.2009, the decree shall be marked satisfied. Iii) In the event of there being any default, the decree as prayed shall operate and the Defendant shall only be entitled for credit of the amounts, if any, paid till then. 2 iv) In the event of payment being made, the Defendant undertakes to mark the decree satisfied and in any event the decree shall be deemed to have been marked satisfied by virtue of this order. v) In the event of such payment being made as aforesaid, the Plaintiff undertakes to withdraw the proceedings under Section 138 of the Negotiable Instruments Act. vi) The learned counsel appearing on behalf of the Plaintiff states that the cheques in the sum of Rs.60,000/- and Rs. 40,000/- in the name of Telelink Securities and Finance Ltd. shall be deemed to be cancelled forthwith and shall not be acted upon in any manner whatsoever. vii) The original documents shall be returned to the Plaintiff upon substituting the same with true copies certified by the Plaintiff’s Advocates. viii) Refund as per rules.