1 s-2223-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUIT NO. 2223 OF 2009 WITH NOTICE OF MOTION NO. 3122 OF 2009 WITH NOTICE OF MOTION NO. 3632 OF 2009. Colgate-Palmolive (India) Limited. ..Plaintiff. vs. Mr. S.K. Banerjee. ..Defendant. .... Mr. S.U. Kamdar, Senior Counsel, Ms. Pooja Patil, Mr. Raj Panchmatia, Mr. Zoeb Cutlerywala, i/b. Udwadia & Udeshi, for Plaintiff. Mr. J.K. Mitra, a/w. Mr. B.A. D’Lima, i/b. Amit Prasad & Assoc., for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 12TH JANUARY 2011. P.C. By consent of the parties, the Suit is disposed of by the following order : (i) The Defendant shall pay an amount of Rs. 63,70,028/- to the Plaintiff within four weeks from today. The said amount of Rs.63,70,028/- shall be forwarded by way of pay order by the learned Advocate for the Defendant to the learned Advocate for the Plaintiff. (ii) As against the said pay order, the learned Advocate for the Plaintiff shall hand over the keys of the Suit flat to the learned Advocate for the Defendant. (iii) The Defendant shall continue with the proceedings filed before the Competent Authority under the Maharashtra Rent Act being Application No. 37 of 2010 and seek reliefs as prayed for 2 s-2223-09 therein (excluding possession) against the Plaintiff herein. The Plaintiff shall also be at liberty to raise all contentions available to them in law in the said proceedings including liberty to file a counter claim qua the amount due and payable regarding interest, etc. (iv) The learned Advocate appearing for the Plaintiff undertakes on behalf of the Plaintiff to pay to the Defendant the amount finally decided in the said Application No.37 of 2010 and/or appeal preferred therefrom. (v) The Suit is accordingly, disposed of. The Notice of Motion Nos. 3632 of 2009 and 3122 of 2009 also stand disposed of. (vi) Since the Suit is disposed of, the Competent Authority shall proceed with the hearing of the Application No.37 of 2010. [ S.J. KATHAWALLA, J. ]