:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. SUMMONS FOR JUDGMENT NO. 337 OF 2005 SUMMONS FOR JUDGMENT NO. 337 OF 2005 SUMMONS FOR JUDGMENT NO. 337 OF 2005 IN IN IN SUIT NO.1293 OF 2005 SUIT NO.1293 OF 2005 SUIT NO.1293 OF 2005 Bijesh J. Thakker ...Plaintiffs. vs. M/s. Mayur Enterprises and anr. ...Defendants. WITH SUMMONS FOR JUDGMENT NO. 572 OF 2005 SUMMONS FOR JUDGMENT NO. 572 OF 2005 SUMMONS FOR JUDGMENT NO. 572 OF 2005 IN IN IN SUMMARY SUIT NO.1905 OF 2005 SUMMARY SUIT NO.1905 OF 2005 SUMMARY SUIT NO.1905 OF 2005 Bijesh J. Thakker ...Plaintiffs. vs. Rajdeep Realtors P.Ltd ...Defendants. SUMMONS FOR JUDGMENT NO. 338 OF 2005 SUMMONS FOR JUDGMENT NO. 338 OF 2005 SUMMONS FOR JUDGMENT NO. 338 OF 2005 IN IN IN SUIT NO.1294 OF 2005 SUIT NO.1294 OF 2005 SUIT NO.1294 OF 2005 Bijesh J. Thakker ...Plaintiffs. vs. M/s. Deep Enterprises and anr. ...Defendants. SUMMONS FOR JUDGMENT NO. 339 OF 2005 SUMMONS FOR JUDGMENT NO. 339 OF 2005 SUMMONS FOR JUDGMENT NO. 339 OF 2005 IN IN IN SUIT NO.1292 OF 2005 SUIT NO.1292 OF 2005 SUIT NO.1292 OF 2005 :2: :2: :2: Bijesh J. Thakker ...Plaintiffs. vs. M/s. Rose Enterprises and anr. ...Defendants. SUMMONS FOR JUDGMENT NO. 340 OF 2005 SUMMONS FOR JUDGMENT NO. 340 OF 2005 SUMMONS FOR JUDGMENT NO. 340 OF 2005 IN IN IN SUIT NO.1295 OF 2005 SUIT NO.1295 OF 2005 SUIT NO.1295 OF 2005 Bijesh J. Thakker ...Plaintiffs. vs. Jayesh Nagda ...Defendants. SUMMONS FOR JUDGMENT NO. 341 OF 2005 SUMMONS FOR JUDGMENT NO. 341 OF 2005 SUMMONS FOR JUDGMENT NO. 341 OF 2005 IN IN IN SUIT NO.1296 OF 2005 SUIT NO.1296 OF 2005 SUIT NO.1296 OF 2005 Bijesh J. Thakker ...Plaintiffs. vs. M/s. Rose Impex and anr. ...Defendants. Dr. V.V. Tulzapurkar, Sr. Advocate with D.D. Madon Sr. Advocate, MR. Kamlesh Sampat and Ms. Agnes Baradia i/by. Thakore Jariwalla and Associates for the plaintiffs. Janak Dwarkadas Sr. Advocate with V.R. Dhond i/b. Kadam and Co. for the defendants. :3: :3: :3: CORAM: S.U. KAMDAR, J. CORAM: S.U. KAMDAR, J. CORAM: S.U. KAMDAR, J. DATE : 3RD FEBRUARY, 2006. DATE : 3RD FEBRUARY, 2006. DATE : 3RD FEBRUARY, 2006. P.C. : P.C. : P.C. : 1. By consent of the parties the following order is passed : (i) There shall be decree on admission against the defendants and in favour of the plaintiffs as prayed in each of the aforesaid suits. However the decree in each of these aforesaid suits should be marked satisfied on the defendants making payment of the composite amount of Rs. 8 crores and interest thereon as set out hereinbelow. (ii) The said amount of Rs.8 crores will be paid in 18 equal monthly instalments commencing from 5.3.2006 and on fifth of each succeeding month. The :4: :4: :4: entire amount of Rs. 8 crores to be paid off within a period of 18 months. (iii) The amount of Rs. 8 crores will run further interest at the rate of 9% p.a. and the same will be by reducing balance method from the date of the decree till the entire amount is paid off and the entire interest amount on the aforesaid amount of Rs.8 crores will be paid in two equal monthly instalments subsequently to the payment of 18 instalments This interest amount will be paid off entirely in 2 montly instal,emt being 19 and 20th instalment. (iv) In an event if there are any two defaults the decree in each suit will become forthwith executable and the plaintiff will be entitled to execute the said decrees. It will open to the plaintiffs to adjust the amount received under the present order against the :5: :5: :5: decrees in accordance with his choice in each of the respective suits and execute the decrees for balance of decreetal amount. (v) All the proceedings in the nature of company petition pending in this court relating to the suit claims as also proceedings under Section 138 of the Negotiable Instrument Act before the respective Metropolitan Magistrate court or any other court pertaining to the cheques which are the subject matter of present suits stands suspended and shall remain suspended till and until the amount as provided of sum of Rs.8 crores and interest thereon is paid by the defendants. However it is clarified that in an event of any two defaults all the aforesaid proceedings will revive and the plaintiff will be entitled to prosecute the same further without any further reference to the court. :6: :6: :6: (vi) In an event if the entire amount is paid within the aforesaid two instalments by the defendants then the said decree in the present suits shall stand satisfied and all the proceedings by way of company petition and/or proceedings under Section 138 will stand duly resolved and the same will be disposed off without passing any further orders in that behalf. (vii) All the suits disposed off accordingly. Refund as per rules. No order as to costs. . Father of Mr. Jayesh is present in court and the learned counsel states that he has taken instructions on behalf of the other defendants also and has entered into the present consent order. sd/- :7: :7: :7: *************