: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 NOTICE NOTICE NOTICE NO. 983 OF 2008 NO. 983 OF 2008 NO. 983 OF 2008 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO. 3646 OF 2001 SUIT NO. 3646 OF 2001 SUIT NO. 3646 OF 2001 Kailash Aggarwal. ...Plaintiff. V/s. Rajesh R. Gulati & Ors. ... Defendants. Mr. H.R. Shetty for the Plaintiff. Mr. Mahesh Menon for the Defendants. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 24TH 24TH 24TH NOVEMBER 2008. NOVEMBER 2008. NOVEMBER 2008. P.C. P.C. P.C. : : : . This is a notice under Order XXI Rule 22 of C.P.C. in execution of a decree passed in the Summary Suit. 2. On 10th November 2008, I had recorded willingness of both sides to amicably settle the matter. The Plaintiff has agreed to accept Rs.1,50,000/- in full and final settlement of the Suit claim whereas the Defendants/Judgment Debtors are ready and willing to pay Rs.1,50,000/-. 3. After some arguments, both sides have left the matter to the Court. The Defendants have shown their bonafide by depositing Rs.1,25,000/- in this Court. :2: 4. After the matter was heard for some time, it is directed that upon the Defendants depositing a sum of Rs.1,50,000/- in this Court in six equal instalments, the decree will be marked satisfied and thereafter, nothing will be due and payable to the Plaintiff in execution of the subject decree. In default, the entire decretal amount will become due and payable. 5. The first instalment of Rs.25,000/- is deposited in the Court on 11th November 2008. The balance five instalments so as to cover the sum of Rs.1,50,000/- would be deposited from 10th December 2008 until the entire sum of Rs.1,50,000/- is paid. In other words, the second instalment for Rs.25,000/- will be paid on 10th December 2008 and the subsequent instalment on the 10th day of each subsequent month in the year 2009 till this sum is paid off/recovered. Any default in deposit of Rs.25,000/- on 10th December 2008 or the subsequent instalment, would result in the concession shown being withdrawn and thereafter, the entire decretal amount with interest or the balance then due and payable shall be recoverable under the subject decree. Notice disposed off. This order is passed in the presence of Defendant No.1 Rajesh R. Gulati and the Plaintiff. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)