Order in Summary Suit No. 2115 of 2000. Defendants deposited initial amount and offered balance in instalments. Court passed decree in terms of defendant's admission with safeguard clauses for plaintiff regarding defaults.
Decree on Admission passed on terms of defendants' admission and deposit schedule.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
((-1-))
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO.2115 OF 2000
Mrs.Rajmani R. Nair Plaintiff
versus
Smt.Smita Subhash Patil
and another Defendants
Mr.L.G.Watgaonkar for plaintiff.
Mr.Vilas Mali for defendant.
CORAM : S.C.DHARMADHIKARI, J.
DATE : 12th July 2005
PC :
1. On 14th June 2005 I had passed an order
recording a statement of defendants to this
effect that they would deposit a sum of
Rs.15,000/- within a period of two weeks in this
Court. At their request, passing of a decree was
deferred.
2. Learned advocates appearing for plaintiff and
defendants inform me that the amount of
Rs.15,000/- is deposited in Court. Mr.Mali
appearing for defendants states that the
defendants would pay the balance in instalments
of Rs.15,000/- each. The balance amount is
Rs.45,000/-. Defendants state that next
instalment of Rs.15,000/- would be deposited by
10th August 2005 and the balance sum of
((-2-))
Rs.30,000/- would be paid in two instalments
payable on 10th October 2005 and 10th December
2005 respectively. On these terms, the
defendants submit to a decree on admission.
Mr.Mali states that the decree be marked fully
satisfied on payment of Rs.60,000/- in the manner
stated above. Mr.Watgaonkar appearing for
plaintiff has no objection to these terms.
3. Mr.Mali on instructions from defendants who
are present in the Court, makes a further
statement that any default in payment of the
instalment of 10th August 2005 or 10th October
2005 or 10th December 2005 would result in suit
being decreed as prayed and it would be open for
the plaintiff to recover the balance amount then
outstanding with interest by executing the decree
in accordance with law.
4. There will be a Decree on Admission in above
terms. Refund of court fees and computation of
advocates’ costs as per rules. It would be open
to the plaintiff to withdraw the sum of
Rs.15,000/- deposited in this Court. Equally, it
would be open for the plaintiff to apply for
withdrawal of the further amounts as and when
they are deposited.
((-3-))
(S.C.DHARMADHIKARI, J.)
S.C. Dharmsadhikari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court