- 1 - 13.nms.2028.10 ss.3146.08 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2028 OF 2010 IN SUIT NO.3146 OF 2008 Nadirkhan Tamaj @ Tamaj Khan ..Plaintiff -Versus- Alima Bashir Shaikh ..Defendant .......... Mr.Ramesh Jain for the Plaintiff. Ms.Indrayani M. Koparkar for the Defendant. Mr.Nadir Khan - plaintiff present. Ms.Alima Bashir Shaikh-defendant present. .......... CORAM : S.J. KATHAWALLA, J. DATE : 4TH MARCH 2011. P.C. 1 The following order is passed by consent of the parties : (i) The ex-parte decree dated 16th March 2009 passed by this Court in Summary Suit No.3146.08 stands confirmed. (ii) However, the plaintiff has agreed to accept an amount of Rs.1,25,000/- (Rupees one lac twenty five thousand only) in full and final settlement of the decreetal amount. - 2 - 13.nms.2028.10 ss.3146.08 (iii) An approximate amount of Rs.60,000/- has been deducted from the salary of the defendant and deposited with the office of the Sheriff of Mumbai. The said amount shall be forthwith handed over by the Office of the Sheriff of Mumbai to the plaintiff. (iv) The balance amount of Rs.65,000/- shall be continued to be deducted in monthly installments by the employer of the defendant and shall be deposited with the office of the Sheriff of Mumbai, which the plaintiff shall be entitled to collect from the office of the Sheriff. (vi) In the event of the defendant leaving her job prior to the plaintiff receiving the entire agreed amount of Rs. 1,25,000/-, the employer of the defendant shall deduct the balance amount from the dues payable to the defendant on the termination of her job and forward the same to the Office of the Sheriff of Mumbai to enable the plaintiff to withdraw the same. (v) Upon receipt of Rs.1,25,000/- from the defendant by the plaintiff, the plaintiff shall have no claim of whatsoever nature against the defendant. 2 The Notice of Motion is accordingly disposed of. The parties to act on an authenticated copy of this order. Liberty to apply. [ S.J. KATHAWALLA, J. ]