1 chs489-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.489 OF 2011 IN EXECUTION APPLICATION NO.255 OF 2004 IN AWARD DATED 11.12.2002 M/s.Ahuja Films .. Complainant Versus M/s.Kamna Arts .. Respondents Mr.A.M.Saraogi for respondents CORAM : S.C.DHARMADHIKARI, J. 8th December 2011. P.C.: 1] Mr.Saraogi learned Counsel appearing for respondent/ applicant hands over a copy of the advice issued by the ICICI Bank Limited which is the banker of the respondent stating that the account of respondent with the said bank has been debited for the sum of Rs.25 lakhs on the basis of a cheque bearing No.809597 drawn in favour of the claimants on 28th November 2011. 2] None appears for the claimants today though they are aware that the matter is placed on board today. Having perused the earlier orders and noting that the respondent/applicant has complied with the same and the 2 chs489-11.sxw cheque issued in favour of the claimant has been duly honoured on presentation and the account of respondent/ applicant being debited for the said sum, interest of justice would be served if the proceedings in execution are disposed of. They are accordingly disposed of by marking the decree in terms of the Award dated 11th December 2002 as being satisfied. This was the agreement between the parties and that agreement having been honoured and the Court being requested earlier to mark the award satisfied that the proceedings are closed and disposed of. An amount of Rs.25 lakhs is accepted in full and final settlement of the claimant's claim under the subject award and execution proceedings. Once the execution proceedings are closed and disposed of, attachment levied on movable and immovable properties in terms of executing court's orders and directions are raised, the chamber summons also does not survive after the proceedings are disposed of. 3] At this stage, Mr.Saraogi prays that the show cause notice No.744 of 2009 be also discharged and the proceedings initiated under the Contempt of Courts Act, 1971 may also be disposed of in the light of the compliance that is reported by the respondent/ applicant. 4] Mr.Saraogi tenders an unconditional apology on behalf of the 3 chs489-11.sxw respondent/ applicant (proprietor- Mr.Jimmy Narula) who is present in court and states that considering his age and the condition of health a lenient view may be taken. 5] Having perused the earlier orders and noting that there was an attempt to over-reach this Court and to disobey its orders and directions, But now finding that the amount under the Award has been paid, compliance is reported and the respondent / applicant genuinely tendering apology, interest of justice would be served if the proceedings in furtherance of the show cause notice are also disposed of but on the condition that the respondent/ applicant shall pay a sum of Rs.10,000/- to the Maharashtra State Legal Services Authority, which sum shall be remitted within two weeks from the date of receipt of copy of this order. All concerned to act on an authenticated copy of this order. (S.C. Dharmadhikari, J)