:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 1911 OF 2008 SUMMONS NO. 1911 OF 2008 SUMMONS NO. 1911 OF 2008 IN IN IN EXECUTION EXECUTION EXECUTION APPLICATION NO. 255 OF 2004 APPLICATION NO. 255 OF 2004 APPLICATION NO. 255 OF 2004 IN IN IN NOTICE NOTICE NOTICE NO. 1162 OF 2004 NO. 1162 OF 2004 NO. 1162 OF 2004 IN IN IN AWARD AWARD AWARD DATED 11TH DECEMBER 2003 DATED 11TH DECEMBER 2003 DATED 11TH DECEMBER 2003 M/s. Ahuja Films, Mumbai. ... Complainants. V/s. M/s. Kamna Arts. ... Respondents. Ms. Mamta Shah for the Complainants. Mr. S.R. Saudagar for the Respondents. Mr. Jimi Narula, Prop./Respondent present in person. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 20TH 20TH 20TH JANUARY 2009. JANUARY 2009. JANUARY 2009. P.C. P.C. P.C. : : : . The Applicant is present in Court. He is the Sole Proprietor of the Original Respondent against whom an Award was made on 11th December 2003. 2. That Award was put in execution and during the course of the same, parties tendered consent terms on 22nd September 2008. Clauses 4 and 5 of the consent terms reads as under :- "4. The Respondent has on or before signing of these terms paid to the Complainant by way of part payment towards the amount due under the above-mentioned Award, an amount of Rs.5,00,000/-, :2: the receipt whereof the Complainant admits and confirms and further declares of having issued a separate Receipt in connection therewith. 5. The Respondent shall pay the balance amount due under the said Award with up to date interest in the following manner :- (a) a sum of Rs.1,50,000/- on or before 5th October 2008; (b) a further sum of Rs.18,50,000/- on or before 31st December 2008; (c) a further sum of Rs.40,00,000/- on or before 20th March 2009; and (d) balance on or before 30th April 2009." 3. A bare perusal of the same would indicate that the Respondent/Applicant was to pay a sum of Rs.1,50,000/- on or before 5th October 2008 and the further sum of Rs.18.5 lakhs on or before 31st December 2008. 4. It is with regard to this sum of Rs.18.5 lakhs that the present Chamber Summons is moved for extension of time. It is pertinent to note that time has expired on 31st December 008 but the amount is still not paid. :3: 5. It was made clear to Mr. Saudagar that on the above position itself, in law, this Chamber Summons would have been dismissed but Mr. Saudagar prays that this Court should grant the Respondent appropriate extension and relieve him from the consequences flowing from the default in terms of clause 5(b). 6. Upon a query from the Court, Mr. Saudagar states that the Sole Proprietor of the Respondent/Applicant, Mr. Jimi Narula is present in-person. He has undertaken to the Court that a sum of Rs.3.5 lakhs will be paid on or before 7th February 2009 and the balance sum in terms of clause 5(b) would be paid on or before 20th February 2009. 7. He states that if the time in terms of clause 5(b) is extended in the above terms, the Respondent undertakes to pay the same sum as stipulated in the consent terms and even abides by the obligation to pay the further sums. 8. Ms. Shah, appearing for the Decree Holder states that the Decree Holder is presently out of India for medical treatment and she has no instructions. 9. Since the Respondent, is present in Court and he is the Sole Proprietor and has given an undertaking to the Court, interest of justice would be sub-served if opportunity is granted to the Judgment Debtor to abide by :4: the undertaking given to this Court. Hence, time for payment in terms of clause 5(b) stands extended to 20th February 2009. No further extension will be granted under any circumstances. It is clarified that default in making above payment shall be construed as a willful breach of an undertaking given to this Court and the Court will proceed to take contempt action. This will be in addition to the decree being enforceable. Thus, even, the decree can be executed in accordance with law. 10. The Chamber Summons is disposed off in the above terms. No order as to costs (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)