1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.95 OF 2011 WITH NOTICE OF MOTION NO.105 OF 2011 IN SUIT NO.95 OF 2011 Dr.Anil Bhogilal Amin Plaintiff versus Dr.Prafulla Bhogilal Amin Defendant Ms.Jyoti Singh a/w Ms.Vaidehi Naik i/by Phoenix Legal for plaintiff. Mr.R.A.Shah a/w Mr.Kiran Padalkar, Ms.Priyabka Choksi i/by Mansukhlal Hiralal & Co. for defendant. Mrs.Tarulata Amin (constituted attorney of plaintiff) present. Mr.Mahesh Patel present for plaintiff. Mr.Prafulla B. Amin, defendant present. Mr.Pradeep Zaveri, constituted attorney of defendant present. CORAM : S.J.KATHAWALLA, J. DATE : 23rd February 2011 PC : 1. Following order is passed by consent of the parties :- (A) The defendant agrees and undertakes to pay a sum of Rs.7.25 crores (Rs.Seven crores twenty five lakhs only) to the plaintiff in five equal installments as follows, towards consideration for the plaintiff to give up all his right, title and interest in the partnership business run in the name and style of "Dr.Amin's Pathology Laboratory" ("the said partnership firm" for short) :- (i) Rs.1.45 crores on or before 7th March 2011; (ii) Rs.1.45 crores on or before 7th April 2011; 2 (iii) Rs.1.45 crores on or before 7th May 2011; (iv) Rs.1.45 crores on or before 7th June 2011 and; (v) Rs.1.45 crores on or before 7th July 2011; (B) Upon the defendant making the aforesaid payment of Rs.7.25 crores to the plaintiff, the plaintiff shall execute all the necessary documents as required by the defendant including the documents transferring the right, title and interest of the plaintiff in the suit premises being 901-902, Tulsiani Chambers, Nariman Point, Mumbai together with two car parking spaces in favour of the defendant. The defendant shall also take over the liability, if any, of the said partnership and the plaintiff shall not be held responsible for any of the liabilities, statutory or otherwise, of the said partnership firm; (C) The plaintiff (represented by his wife) and the defendant (who is present in person) states that they have not alienated, encumbered and/or created any third party rights qua their respective shares in the suit premises i.e. 901-902, Tulsiani Chambers, Nariman Point, Mumbai and both undertake not to sell, dispose of, encumber, alienate, part with possession or create any third party rights in respect of the same until the present agreement, is worked out. The undertakings are accepted; (D) The two vehicles bearing Nos.MH-01-VA-1450 (Ford Fiesta) and MH-01-AH-8190 (Innova) used by the plaintiff and his family members shall be transferred in the name of the plaintiff and/or his nominees for which the defendant shall execute all the necessary transfer documents at the time of payment of the last installment of Rs.1.45 crores; (E) The bank account/s of the said partnership firm which are frozen as of today shall stand defreezed with immediate effect. The advocate for 3 the plaintiff shall forward a copy of this order to the banks with a request to forthwith defreeze the bank account/s; (F) Upon payment being made as per clause (A) above, the parties shall have no claims of whatsoever nature against each other; (G) Liberty to apply; (H) The suit is accordingly disposed of. Notice of Motion No.105 of 2011 also stands disposed of; (I) Parties to act on an authenticated copy of this order. (S.J.KATHAWALLA, J.)