1 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 811 OF 2006 IN SUMMONS FOR JUDGMENT NO. 89 OF 2006 IN SUMMARY SUIT NO. 3147 OF 2005 WITH NOTICE OF MOTION NO. 3806 OF 2009 Mahesh Parekh ..Appellant Vs. Master Financial Services Ltd. ..Respondent .... Mr.Ajay Rao for Appellant Mr.Kishore Jain along with P.V.Shah for Respondent .... CORAM : B.H.MARLAPALLE AND SMT.V.K.TAHILRAMANI, JJ. DATE : 25th JANUARY, 2010 P.C.: 1. This appeal arises from the decree passed in Summary Suit No. 3147 of 2005 on 17th July, 2006. The Summons for Judgment No. 89 of 2006 was granted and the Summary Suit was decreed for an amount of Rs.1,01,13,995/- with interest. 2 2. During the pendency of the appeal, the parties continued their negotiations for an amicable settlement and they have been successful in arriving at the settlement. The terms of the settlement have been reduced in writing in the form of “Minutes of consent order ”, which are placed before us. For identification, it is marked Annexure-X. It appears in the meanwhile, the respondents have filed Execution Application No. 270 of 2009 and also taken out an Insolvency Notice. The appellant has agreed to pay a sum of Rs. 60,00,000/- in full and final settlement of the Respondent ’s claim under decree dated 17th July, 2006 in the above referred summary suit and on this payment, both the parties have agreed that this appeal along with Notice of Motion as well as Execution Application shall stand settled. There are some other undertakings so as to discharge the obligations of each other to withdraw other proceedings. The appellant as well as the authorized representative of the respondent- Company are present before us and they have stated that they have signed the minutes of consent order along with their learned advocates. 3. We have gone through the settlement terms and we are satisfied that the same are in the interest of both the parties. We have also noted the undertaking that the parties shall be bound by the terms and 3 conditions set out in the said minutes of consent order. The learned counsel for the respective parties, therefore, pray for disposal of the appeal as well as Notice of Motion in terms of minutes of consent order. 4. Order accordingly. Appeal as well as Notice of Motion are disposed off as settled in terms of the consent terms. [ SMT.V.K.TAHILRAMANI, J.] [ B.H.MARLAPALLE, J. ]