1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3994 OF 2008 IN SUIT NO.2273 OF 2006 Ramesh Bhimsen Shetkar. ...Plaintiff vs. 1.Kamal Kumar Kanchan & others. ...Defendants --- Mr.J.S.Kini i/b. Suresh Dubey, for Plaintiff in support of notice of motion. Mr.Sanjeev Kanchan, for Defendants. CORAM: R.Y.GANOO, J. DATED: 8th December,2008. P.C.:- 1. Suit no.2273 of 2006 and suit no.1408 of 2007 were decreed in terms of consent terms dated 5.9.2007. In accordance with clause (1) of the said consent terms, the plaintiff in this suit was 2 required to pay to defendant no.2 a sum of Rs.17,50,000/- on or before 10.12.2007 towards full and final settlement of the matter. Certain clauses were set out in the said consent terms which were to operate in a self operating manner. The effect of non payment of the aforesaid amount of Rs.17,50,000/- was to result in dismissal of suit no.2273 of 2006 i.e. present suit. The plaintiff could not pay the amount before the stipulated date. 2. The plaintiff has, therefore, taken out this notice of motion seeking an order that the defendants should be called upon to accept the amount of Rs.17,50,000/- and the appropriate further and other orders. 3. I have heard the learned Counsel appearing for both the sides. The learned Counsel appearing for defendants submitted that he has instruction to oppose the notice of motion as his client is not willing to concede to prayer clause (a) of the notice of motion. 3 4. Considering the nature of the consent terms, in my view, nothing is left in the hands of the Court to compel the defendants to accept the money once the date is over. Even otherwise on failure on the part of the plaintiff to pay the above-said money, the suit was to be dismissed. The plaintiff has lost the possession of the suit premises inasmuch as the possession has gone back to the defendants. 5. If the defendants are unwilling to accede to the request of the plaintiff, the Court cannot force the defendants. The suit is dismissed. In my view, no prima facie case is made out in regard to the relief which is sought in prayer clause (a). Hence, the notice of motion is required to be dismissed. Hence, the order:- The plaintiff's notice of motion is dismissed in the facts and circumstances of the case. There shall be no order as to costs. (R.Y.GANOO, J.)