IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION SUIT NO. 548 OF 2008 WITH NOTICE OF MOTION NO. 761 OF 2008 Mrs. Neelam Rajesh Sharma. .... Plaintiff. V/s. Royal Palms (India) Pvt. Ltd. .... Defendants. ....... Mr. Vishal C. Ghosalkar with Mr. R.M. Bhandari for the Plaintiff. Mr. S.C. Prabhu for the Defendants. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 3RD MARCH 2008. P.C. :- Counsel appearing on behalf of the Plaintiff and Counsel appearing on behalf of the Defendants are agreed before the Court that the dispute between the parties has been settled and that the following order may be passed by consent, without recording of any further reasons :- 1. The Plaintiff agrees and undertakes to pay to the Defendant a sum of Rs.16,50,343 with interest at the rate of 9% per annum towards full and final settlement of the balance purchase price of flat No.512, 5th floor in `A' Wing in the building “Summit Apartment” admeasuring about 385 sq.ft. Carpet area equivalent to 540 sq. ft. built up area situated at Village Marol Maroshi, Taluka Andheri Registration District and Sub-District of Mumbai City and Mumbai Suburban purchased by the Plaintiff by agreement for sale dated 31.05.2006 Exhibit–K to the plaint and agreement for amenities dated 19.06.2006 Exhibit-L to the plaint; 2. The Plaintiff agrees and undertakes to make the said payment of Rs.16,50,343 with interest at the rate of 9% per annum within 8 weeks from today towards full and final settlement of the purchase price of the said flat; 3. The Defendant agrees and undertakes to this Hon'ble Court that the notice of termination dated 29.09.2008 at Exhibit-N to the Plaint shall stand withdrawn with immediate effect on execution of this consent terms; 4. The Defendant agrees and undertakes to issue No Objection Certificate to the Plaintiff for obtaining loan from the Financial Institution within 5 working days from the date of application for NOC made by the Plaintiff; 5. On receipt of payment of sum of Rs.16,50,373 with interest at the rate of 9% per annum towards full and final settlement of the purchase price of the said flat from the Plaintiff, the Defendant agrees and undertakes to put the Plaintiff immediately in physical possession of said flat No.512, on 5th floor in `A' Wing of the building “Summit Apartment” admeasuring about 385b sq. ft. carpet area equivalent to 540 sq.ft. build up area situated at Village Marol Maroshi Taluka Andheri Registration District and Sub-Registration District Mumbai City and issue to the Plaintiff the possession receipt; 6. In the event of default being committed by the Plaintiff in making the payment of sum of Rs.16,50,343 with interest at the rate of 9% per annum within the stipulated period of 8 weeks from today, then the agreement for sale dated 31.05.2006 Exhibit-K to the plaint and agreement for amenities dated 19.06.2006 Exhibit-L to the plaint shall stands cancelled with immediate effect and the Defendant shall be entitled to sell the said flat to an outsider. The Plaintiff shall be then entitled for refund of sum of Rs.2,20,320 paid to the Defendant being earnest money without any interest; 7. In the event on receipt of payment as aforesaid if the Defendant fails and or neglects to put the Plaintiff in physical possession of the said flat then the Court Receiver High Court Bombay is directed to take possession of the said flat from the Defendant and put the Plaintiff in physical possession of the said flat; 8. The Defendant agrees and undertakes that till the expiry of the said eight weeks period as aforesaid the Defendant their agent, severally and assigns shall not transfer and or create any third party rights in respect of said flat No.512 on 5th floor in A-Wing of the building “Summit Apartment” admeasuring about 385f sq.ft. carpet area equivalent to 540 sq.ft. built up area situated at Village Marol Maroshi Taluka Andheri, Registration District and Sub-registration District Mumbai; 9. In view of the above terms, the suit 548 of 2008 be disposed off and there shall be no orders on Notice of Motion 761 of 2008. There shall be a decree by consent in the aforesaid terms. The suit and the motion are both disposed of. ------