1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.341 OF 2007 WITH SUMMARY SUIT NO.1456 OF 2007 Maheernosh J. Palia ....Plaintiff V/s. Minoo H. Palia & Anr. ....Defendants Mr.Vatsal Shah i/b Mr.Chetan Mehta for the Plaintiff. Mr.B.H. Vyas for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 4TH AUGUST, 2009. P.C. :- 1. With the consent of the parties, the suit is disposed of in the following terms :- i). The suit is decreed as prayed. ii). However in the event of the Defendants paying to the Plaintiff a sum of Rs.8,00,000/- on or before 30.11.2009, the decree shall stand marked satisfied. Iii). Two pay orders and one demand draft aggregating to Rs. 6,40,000/- have been handed over by the Defendants’ advocate to the Plaintiff’s advocate in Court. Upon realization thereof, the decree shall be marked satisfied to that extent. It is clarified that in the event of the balance amount of Rs.1,60,000/- not being paid on or before 30.11.2009, decree as prayed shall stand subject to the credit of Rs.6,40,000/-. 2 iv). In the event of the amounts being paid as aforesaid, the Plaintiff undertakes to have the decree marked satisfied. In any event, in the event of the amount being paid, the decree shall be deemed to have been satisfied by virtue of this order. v). Mr.Shah states that in the event of the amounts being paid as aforesaid, the Plaintiff will make an application for compounding the criminal complaints filed under Section 138 of the Negotiable Instruments Act. vi). Refund as per rules. Vii). All the amounts shall be paid by demand draft to the Plaintiff through the Plaintiff’s advocate. Defendant No.1 is present.