1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.327 OF 2010 IN EXECUTION APPLICATION NO.231 OF 2000 IN SUIT NO.3641 OF 1998 Jetu Jacques Taru Lalvani Plaintiff versus Kwality Fine Chemicals and others Defendants Mr.N.K.Mudnany for plaintiff. Mr.P.R.Naidu for defendant no.5. Mr.Vipul C. Parikh, defendant no.2 and proprietor of defendant no.1 present in person. Mr.Bhavesh C. Parikh, defendant no.3 present in person. Ms.Madhukanta C. Parikh, defendant no.5 present in person. Mr.Shailesh C. Parikh, son of defendant no.5 present in person. Mr.K.D.Kukal, C.A. of plaintiff present in person. CORAM : S.J.KATHAWALLA, J. DATE : 31st March 2011 PC : 1. Since the above Chamber Summons and the Execution Application involves sale of the residential flat in which defendant nos.2,3 and 5 are residing with their family members, this Court has kept the matter in chambers with a view to amicably resolve the entire dispute between the parties. For this purpose the eldest son of the defendant no.5 and the brother of the defendant nos.2 and 3 is also present before the Court. According to the plaintiff the amount payable to the plaintiff by the 2 defendants under the decree dated 21st February 2006 is above Rs.1.00 crore. After several meetings the following order is passed by consent of the parties to the proceedings as well as the abovenamed persons present before this Court :- (a) The Chamber Summons is allowed in terms of prayer clauses (a) and (b); (b) Office to act on an ordinary copy of this order in the matter of issue of warrant of attachment qua the share of defendant no.5 in the suit flat. However, the decree dated 21st February 2006 shall not be executed against the defendant nos.1, 2 and 5 for a period of ten months from the date of this order since the defendant nos.1, 2 and 5 agree and undertake to pay Rs.37.50 lakhs to the plaintiff within a period of ten months from today, which the plaintiff agree and undertake to accept in full and final settlement of his claim under the decree dated 21st February 2006. The undertakings are accepted; (c) If the said amount of Rs.37.50 lakhs is paid by defendant nos.1,2 and 5 to the plaintiff within ten months as agreed and undertaken, the decree dated 21st February 2006 shall be marked satisfied; (d) If the defendant nos.1, 2 and 5 fail to pay the said amount of Rs. 37.50 lakhs to the plaintiff within ten months from today, the plaintiff shall be entitled to recover the entire decretal amount and execute the same by sale of the assets/properties of defendant nos.1, 2 and 5 including the estate of their deceased husband/father; (e) However, the attachment on the suit flat being No.6C, 503, Damodar Park, Ghatkopar, Mumbai-400 086 shall continue to be levied until the said amount of Rs.37.50 lakhs or the decretal amount, as the case may be, is paid by the defendant nos.1, 2 and 5 to the plaintiff; (f) The parties shall not precipitate the criminal proceedings pending 3 between them for a period of ten months from today. However, the said proceedings shall automatically stand revived if the defendant nos.1, 2 and 5 fail to make the payment of Rs.37.50 lakhs within ten months from today; (g) liberty to apply. (S.J.KATHAWALLA, J.)