- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO.3799 OF 2008 IN SUIT NO.2616 OF 2003 M/s.Asian Metal & Wire Industries. ...Plaintiff vs. M/s.Ratna Electrical Industries. ...Defendant --- Mrs.K.R.Trivedi, for Plaintiff. Mr.G.S.Bhatt, for Defendant. --- CORAM: S.C.DHARMADHIKARI, J. CORAM: S.C.DHARMADHIKARI, J. CORAM: S.C.DHARMADHIKARI, J. DATED: DATED: DATED: 15th December,2008 15th December,2008 15th December,2008 P.C.:- 1. This notice of motion is moved for expediting the hearing of the suit. The plaintiff is 70 years of age and that is how he is requesting for early hearing. 2. On the last occasion this matter was placed before me. I suggested the parties as to why they should not amicably settle this matter. - 2 - 3. The Plaintiff and the Defendant so also their respective Advocates reported to me that the matter is settled. The plaintiff has agreed to accept in full and final settlement a sum of Rs.1,00,000/- which is already deposited in the Court with accrued interest and in addition a further sum of Rs.1,00,000/- which would be paid to him in four equal instalments. 4. In other words, the claim of the plaintiff stands settled at Rs.2,00,000/-. The plaintiff would be at liberty to withdraw the sum of Rs.1,00,000/- already deposited in the Court with accrued interest on production of authenticated copy of this order. As far as the balance sum is concerned, the plaintiff would recover and the defendant would pay instalment of Rs.25,000/- in each month. The first monthly instalment of Rs.25,000/- would become payable on 31.12.2008 and the subsequent instalments be paid on 30th/31st day of each subsequent month till the entire sums are paid. Both the sides agree that in default of payment of Rs.25,000/- on 31st December,2008 or any subsequent instalment, the suit claim shall stand decreed and there will be a decree as prayed. Thereupon, the plaintiff will be at liberty to execute the decree and recover the sum then outstanding with - 3 - interest. The suit stands decreed accordingly. Refund of institution fees, if permissible, under Rules. No costs. Since, the suit itself is disposed of, notice of motion does not survive for consideration and disposed of as such. (S.C.Dharmadhikari, J.)