1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.627 OF 2009 WITH SUMMONS FOR JUDGMENT NO.270 OF 2009 IN SUMMARY SUIT NO.627 OF 2009 Leslie Furtado Plaintiff versus Cliford Furtado and others Defendants Mr.Mayur Khandeparkar i/by Tejpal & Co. for plaintiff. Ms.Pallavi Dedhia i/by M/s.Sanjay Udeshi & Co. for defendants 1 and 2. Mr.Nilesh Parte i/by S.B.Prabhavalkar for defendant nos.3 to 6. Mr.Floyd Furtado, son of defendants 1 and 2 is present. CORAM : S.J.KATHAWALLA, J. DATE : 16th March 2011 PC : 1. The learned advocate for the defendant nos.1 and 5 agree that they will issue a cheque of Rs.1,26,841/- in the name of plaintiff no.1(a), provided, plaintiff nos.1(a) and 1(b) undertake to bring back the amount within a period of twelve weeks from the date any court of competent jurisdiction directing them to do so. In view thereof, the learned advocate appearing for the plaintiff nos.1(a) and 1(b) undertake that the plaintiff nos. 1(a) and 1(b) shall bring back an amount of Rs.1,26,841/- within twelve weeks from the date of any court of competent jurisdiction directing them to do so. The undertaking is accepted. 2. In view thereof, the defendant nos.5 and 7 shall issue a cheque of Rs.1,26,841/- in favour of plaintiff no.1(a) within a period of one week from today which cheque shall be honoured by the defendant no.7. 2 3. In view thereof, the learned advocate for the plaintiffs seeks to withdraw the suit. The suit is disposed of as withdrawn. The Summons for Judgment also stands withdrawn. Refund of court fees, if any, as per rules. (S.J.KATHAWALLA, J.)