1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 565 OF 2010 IN SUIT NO. 1395 OF 2005 Baburao Harischandra Koli ...Plaintiff Vs. Chandra Bhaga Pandurang Koli & Ors. ...Defendants Mr.R.C.Nichani with Ms. Matesha Jain i/b. S.R.Kumbhat for the Plaintiff Mr. Inder Prakash i/b. C.K.Tripathi for Defendants CORAM : SMT. ROSHAN DALVI, J. DATED : 30TH MARCH, 2010 P.C. : 1. This Motion is to strike out the defence of the Defendants for breach of the order to pay Rs.10,000/- every month as per the order dated 11th August 2009. The Defendants accept the breach. The Defendants’ Advocate states that the arrears of the payment of such compensation is Rs.70,000/-. He hands over cheque of Rs.25,000/- to the Plaintiff’s Advocate. He undertakes to clear out the arrears within 2 weeks from today. The 2 undertaking is accepted. He further undertakes to continue to pay the compensation of Rs.10,000/- each month from April 2010, that undertaking is also accepted. 2. Notice of Motion is disposed off accordingly. 3. The Suit shall proceed. (SMT. ROSHAN DALVI, J.)