1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1040 OF 2008 IN SUIT NO. 309 OF 2003 Canara Bank ...Plaintiff Vs. M/s. Pawan Ply Equipments Pvt. Ltd. ...Defendants Mrs. Pramila Bhigade i/b. M. Janardhanan for Plaintiff Mr. S.K. Chinchalikar for Defendants 1 and 2 Mr. K.K.Tated i/b. Ms. Trupti Bora for Defendant No.3 Purchaser CORAM: SMT.ROSHAN DALVI, J. DATED: 30TH JUNE, 2008 P.C. 1. In continuation of the directions and order passed on 25th June, 2008 the purchaser of the suit premises being the shop of Defendant No.1 Company has paid the entire further amount of Rs.2,50,873/- to the Plaintiff Bank by Demand Draft dated 26th June, 2008, which is sent to the Bank by Speed Post. 2 2. The Advocate for the Bank, upon taking instructions from the Officer of the Bank, Santacruz (East), Mumbai Mr. Shrinivas, states that the Bank shall accept the said Demand Draft in full and final settlement of the Plaintiff's claim. The copy of the Demand Draft given by the purchaser to the Officer of the Bank which has been refused to be accepted by the Bank is taken on record. No further time is given to the Bank in lieu of the fact that the amount is paid by the Demand Draft of Vijaya Bank. 3. The Plaintiff Bank shall forthwith handover the possession of the suit shop i.e. Gala No.137, situated at Kranti Nagar, Saki Vihar Road, Opp. Shetty Chemicals, Sakinaka, Andheri(East), Mumbai-400 072 to the purchaser Manoj Kumar Doshi along with the original documents of the Gala kept by the Plaintiffs as equitable mortgage. 4. The cheque of Rs.5000/- earlier issued by the buyer of Defendant No.2 is returned to the Advocate of Defendant NO.2 as per the agreement between the parties. 5. Suit as well as Notice of Motion are disposed of accordingly. (SMT. ROSHAN DALVI, J.)