acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 454 OF 2007 IN SUMMARY SUIT NO. 2198 OF 2007 M/s BEST Employees Co.Op.Credit Scy.Ltd. ...Plaintiff. Vs. M/s Sadguru Developers ...Defendant. ---- Mr.R.S. Ghadge i/b Appasaheb B. Desai, for the Plaintiff. Mr.Girish Godbole i/b Nitin Mulye, for the Defendant. ---- CORAM: S.J. VAZIFDAR, J. DATED : 3RD AUGUST 2009. P.C. 1. The Summons for Judgment and the Suit are disposed of with the consent of the parties by the following order: i) Mr.Godbole, learned counsel appearing on behalf of the Defendant has tendered a cheque in the sum of Rs.50,00,000/- dated 3rd August, 2009 drawn in favour of the Prothonotary and Senior Master, High Court, Bombay. In the event of the said cheque being realised, the Plaintiff undertakes to vacate and hand over quiet, vacant and peaceful possession of the said premises to the Defendant on or before 24th August, 2009. The undertaking is accepted. : 2 : ii) The Defendant shall confirm by their Advocates letter to the Prothonotary and Senior Master of having taken over possession of the said premises. iii) Upon the Plaintiff handing over the possession of the said premises as aforesaid, it shall be entitled to withdraw the amount of Rs.50,00,000/- forthwith. iv) This order is without prejudice to the rights and contentions of the Defendant in respect of their claim for alleged damages, wrongful occupation and for arrears of license fees in connection with the leave and license agreement and the said premises. The Defendant is at liberty to adopt appropriate proceedings in respect thereof, if they so desire. 2. It is clarified that the fact that this suit has been disposed of in the manner aforesaid will not constitute the Defendant as having submitted to jurisdiction of this court. 3. Refund as per rules.