1 s-572-08-nms-822-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUIT NO. 572 OF 2008 WITH NOTICE OF MOTION NO. 822 OF 2008. Issac Anthony. ..Plaintiff. vs. Noshir Erach Amroliwala. ..Defendant. .... Ms. Shyamli Hajela, i/b. M/s. H & M Legal Assoc., for Plaintiff. Mr. Kersi J. Mehta, Defendant, present. .... CORAM : S.J. KATHAWALLA, J. DATE : 7TH MARCH 2011. P.C. The following order is passed by consent of the parties in the above Suit : (i) The learned Advocate for the Plaintiff is allowed to delete the name of the Defendant Mr. Noshir Erach Amroliwala who has expired on 19th February 2009 and to join Mr. Kersi J. Mehta who is the only heir and legal representative of Mr.Noshir Erach Amroliwala as party Defendant to the Suit. Amendment to be carried out on or before 9th March 2011. (ii) The Defendant Mr. Kersi J. Mehta undertakes to pay to the Plaintiff on or before 8th March 2011, an amount of Rs. 1,00,000/- along with interest thereon at the rate of 6% per annum from 12th April 2007 upto 7th March 2011. The said amount shall be paid by way of bankers cheque/demand draft/ pay order drawn in the name of Mr. Isac Anthony i.e. the Plaintiff and the same shall be handed over to the Advocate for the Plaintiff. The undertaking is 2 s-572-08-nms-822-08 accepted. (iii) Upon receipt of the amount set out in clause (ii) above, the Plaintiff shall have no claim of whatsoever nature against the Defendant and or the Suit property. (iv) The Suit is accordingly disposed of. Refund of Court fees as per Rules. The Notice of Motion also stands disposed of. [ S.J. KATHAWALLA, J. ]