1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2928 OF 2008 IN SUIT NO.2054 OF 2003 Srijit Rajappan .. Plaintiff Versus M/s.Day & Night Publicity and Anr. .. Defendants Mr.N.S.Fadia for plaintiff Mr.G.K.Masand i/b. A.A.Manwani for defendants CORAM : S.C.DHARMADHIKARI, J. DATE : 9th February 2009. P.C. . This is a motion for setting aside the ex parte decree passed in the summary suit. 2. The parties have agreed that the decree should stand but it will be marked satisfied provided the defendants pay to the plaintiffs a sum as set out in the minutes of order dated 9th February 2009 and in the manner set out in clause 2 2 thereof. 3. Consequences in default are also provided inasmuch as, the single default would result in the decree passed on 7th June 2005 being capable of execution as it is. If the amount is paid in the manner set out in clause 2, then, the decree will be marked satisfied. In the light of these terms agreed between the plaintiff and defendant, Mr.Masand does not press the notice of motion to set aside the ex parte decree. Instead both sides pray that the decree may stand but would be marked satisfied in the manner recorded by them. The minutes of the order have been tendered after both sides have duly been explained the implications and consequences of the same. The parties have agreed to the terms. The same are taken on record and marked "X" for identification. Order in terms of consent minutes of the order. The notice of motion is disposed of accordingly. 3 (S.C.Dharmadhikari, J)