1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.685 OF 2009 M/s.Riya Travels & Tours (I) Pvt.Ltd. Plaintiff versus M/s.Royal Holidays and others Defendants Mr.Basant Trilokani a/w Mr.P.Patil i/by Jhangiani Narula & Associates for plaintiff. Mr.C.M.Kothari for defendant nos.1 and 2. CORAM : S.J.KATHAWALLA, J. DATE : 29th April 2011 PC : 1. The following order is passed by consent of the parties :- (a) The defendant nos.1 and 2 agree to a decree on admission. The suit is therefore decreed as prayed against defendant nos.1 and 2; (b) The decree shall be marked satisfied upon the defendant nos.1 and 2 paying an amount of Rs.8.50 lakhs to the plaintiff in 17 equal installments of Rs.50,000/- per month to be payable on or before 15th of every month commencing from 15th May 2011; (c) In the event of any single default, the plaintiff shall be entitled to execute the decree; (d) Upon payment of Rs.8.50 lakhs as agreed and undertaken by the defendant nos.1 and 2, the parties shall have no claim of whatsoever nature against each other; 2 (e) The plaintiff shall not pursue any complaints filed with the Police or before any Court in the next 17 months unless the defendant nos.1 and 2 commits default of any installment; (f) Refund of court fees, if any, as per Rules. (S.J.KATHAWALLA, J.) 3 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.685 OF 2009 M/s.Riya Travels & Tours (I) Pvt.Ltd. Plaintiff versus M/s.Royal Holidays and others Defendants Mr.Basant Trilokani a/w Mr.P.Patil i/by Jhangiani Narula & Associates for plaintiff. Mr.C.M.Kothari for defendant no.1 and 2. CORAM : S.J.KATHAWALLA, J. DATE : 29th April 2011 PC : 1. Present suit is filed by the plaintiff against the defendants seeking a decree in the sum of Rs.9,15,021/- along with further interest on Rs. 9,03,000/- at the rate of 18% p.a. from the date of filing of the suit till payment and/or realization and cost of the suit. 2. Vide order dated 23rd April 2010 this Court granted conditional leave to the defendants to defend the suit. The defendants or anyone of them were directed to pay a sum of Rs.7.00 lakhs on or before 17th June 2010. This Court further directed the defendants to file their written statement on 15th June 2010. Today, learned advocate for the plaintiff states that the defendants have not deposited the amount as directed and have therefore not filed their written statement within the stipulated period. The Prothonotary and Senior Master of this Court has issued a Non Deposit Certificate dated 19th July 2010 certifying that the defendants have not deposited any amount as directed vide order dated 23rd April 2010. 4 3. The suit is therefore placed on board under the caption "For Ex- parte Decree". The original documents are placed on record. 4. The defendant nos.1 and 2 have by consent already obtained a decree on admission as recorded by a separate order also dated 29th April 2011. In view of sub-rule (3) of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, case is made out for passing the decree against defendant nos.3 and 4. The suit is accordingly decreed against defendant nos.3 and 4 as prayed. Refund of court fees, if any, as per rules. (S.J.KATHAWALLA, J.)